[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Rules and Regulations]
[Pages 58615-58629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22447]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[Docket ID No. OAR-2002-0043; FRL-7551-4]
RIN 2060-AH03


National Emission Standards for Hazardous Air Pollutants for 
Primary Magnesium Refining

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for primary magnesium refining 
facilities. The EPA has identified primary magnesium refining 
facilities as a major source of hazardous air pollutant (HAP) 
emissions. The NESHAP implement section 112(d) of the Clean Air Act 
(CAA) by requiring all major sources to meet HAP emission standards 
reflecting application of the maximum achievable control technology 
(MACT).
    The HAP emitted by facilities in the primary magnesium refining 
source category include chlorine, hydrochloric acid, dioxin/furan, and 
trace amounts of several HAP metals. Exposure to these substances has 
been demonstrated to cause adverse health effects, including chronic 
and acute disorders of the blood, heart, kidneys, reproductive system, 
and central nervous system. Some of these pollutants are considered to 
be carcinogens, and all can cause toxic effects in humans following 
sufficient exposure.

EFFECTIVE DATE: October 10, 2003.

ADDRESSES: The official public docket is the collection of materials 
used in developing the final rule and is available for public viewing 
at the EPA Docket Center (EPA/DC), EPA West, Room B-102, 1301 
Constitution Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Lula Melton, Metals Group, Emission 
Standards Division (C439-02), U.S. EPA, Research Triangle Park, NC 
27711, telephone number: (919) 541-2910, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                                                                NAICS
                          Category                               \1\         Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry....................................................    331419  Primary refiners of nonferrous metals
                                                                         (magnesium) by electrolytic methods.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    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.  63.9881 of the 
final rule. If you have any questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Docket. The EPA has established an official public docket for this 
action including both Docket ID No. OAR-2002-0043 and Docket ID No. A-
2002-0027. The official public docket consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. All items may not be 
listed under both docket numbers, so interested parties should inspect 
both docket numbers to ensure that they have received all materials 
relevant to the final rule. Although a part of the official docket, the 
public docket does not include Confidential Business Information or 
other information whose disclosure is restricted by statute. The 
official public docket is available for public viewing at the EPA 
Docket Center (Air Docket), EPA West, Room B-102, 1301 Constitution 
Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room 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.
    Electronic Docket Access. You may access the final rule 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. An electronic version of the 
public docket is available through EPA's electronic public docket and 
comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index of the 
contents of the official public docket, and to access those documents 
in the public docket that are available electronically. Although not 
all docket materials may be available electronically, you may still 
access any of the publicly available docket materials through EPA 
Dockets. Once in the system, select ``search,'' then key in the 
appropriate docket identification number.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule will also be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the final rule will be posted on the TTN's policy and guidance 
page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various 
areas of air pollution control. If more information

[[Page 58616]]

regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Judicial Review. Under CAA section 307(b)(1), judicial review of 
the final NESHAP is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit by 
December 9, 2003. Only those objections to the NESHAP which were raised 
with reasonable specificity during the public comment period may be 
raised during judicial review. Under CAA section 307(b)(2), the 
requirements established by today's final action may not be challenged 
separately in any civil or criminal proceeding brought by the EPA to 
enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Summary of the Final Rule
    A. What are the affected sources and emission points?
    B. What are the compliance deadlines?
    C. What are the emission limitations and work practice 
standards?
    D. What are the operation and maintenance requirements?
    E. What are the initial compliance requirements?
    F. What are the continuous compliance requirements?
    G. What are the notification, recordkeeping, and reporting 
requirements?
III. Summary of Responses to Major Comments
IV. Summary of Environmental, Energy, and Economic Impacts
V. 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 That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. The category 
of major sources covered by today's final NESHAP for Primary Magnesium 
Refining, was listed on July 16, 1992 (57 FR 31576). Major sources of 
HAP are those that emit or have the potential to emit greater than 10 
tons per year (tpy) of any one HAP or 25 tpy of any combination of HAP. 
Additional information on the NESHAP development process can be found 
in the preamble to the proposed rule (68 FR 2970).
    We received one letter with substantive comments on the proposed 
NESHAP. Today's final rule reflects our full consideration of the 
comments we received. Additional information is available in the 
Response to Comments document in Docket No. OAR-2002-0043.
    In addition to responding to comments, we made two minor 
clarifications from the proposed rule that are discussed in the final 
rule summary. These minor clarifications are not new requirements but 
simply ensure consistency in the final rule.

II. Summary of the Final Rule

A. What Are the Affected Sources and Emission Points?

    The affected source is each new or existing primary magnesium 
refining facility. An existing affected source is one constructed or 
reconstructed on or before January 22, 2003. We have identified one 
existing affected source (US Magnesium Corporation) that will be 
subject to the final rule. This plant produces magnesium from brine 
(salt water) taken from the Great Salt Lake. A new affected source is 
one constructed or reconstructed after January 22, 2003. The final rule 
covers emissions from spray dryers, the melt reactor system, the 
launder off-gas system, and magnesium chloride storage bins. The final 
rule also covers fugitive dust emissions.

B. What Are the Compliance Deadlines?

    The owner or operator of an existing affected source must comply by 
October 11, 2004. New or reconstructed sources that startup on or 
before October 10, 2003 must comply by October 10, 2003. New or 
reconstructed sources that startup after October 10, 2003 must comply 
upon initial startup.

C. What Are the Emission Limitations and Work Practice Standards?

    The final rule includes mass rate emission limits in pounds per 
hour (lbs/hr) for chlorine, hydrochloric acid (HCl), particulate matter 
(PM), and particulate matter less than 10 microns (PM10). 
Additional emission limits in grains per dry standard cubic foot (gr/
dscf) apply to magnesium chloride storage bins. We clarified that both 
the mass emission rate limit and concentration limit for 
PM10 and HC1 apply to emissions from magnesium chloride 
storage bins. This clarification was made to be consistent with the 
requirements in the current operating permit for the affected source. 
The emission limits are shown in Table 1 of this preamble.

                                  Table 1.--Mass Rate Emission Limits (Lbs/Hr)
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               Emission point                     Chlorine           HCl               PM              PM10
----------------------------------------------------------------------------------------------------------------
Spray dryers................................  ...............            200              100    ...............
Magnesium chloride storage bins \1\.........  ...............             47.5  ...............              2.7
Melt/reactor system.........................            100                7.2  ...............             13.1
Launder off-gas system......................             26.0             46.0             37.5  ...............
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\1\ Additional limits are 0.35 gr/dscf of HCl and 0.016 gr/dscf of PM10.

    The final rule also includes an emission limit for each melt/
reactor system of 36 nanograms of dioxin/furan toxicity equivalents per 
dry standard cubic meter (ng TEQ/dscm) corrected to 7 percent oxygen. 
Dioxins/furans include a group of 17 chemicals or congeners that share 
certain similar chemical structures and biological characteristics. The 
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) congener is the most well 
studied and the most toxic of these compounds. Scientists believe that 
dioxins cause effects in similar ways. Because of this and because 
exposure is typically to variable mixtures of dioxin-like compounds, we 
use toxicity equivalency factors (TEF) that compare the potential 
toxicity of each of the individual dioxin-like compounds to the 
relative toxicity of TCDD. With such factors, the toxicity for a 
mixture can be expressed in terms of its TEQ, which is the amount of 
TCDD it would take to equal the combined toxic effect of all the 
dioxin-like compounds found in the

[[Page 58617]]

mixture. To calculate the TEQ, the concentration of each dioxin-like 
compound is multiplied by its respective TEF. We examined a beyond-the-
floor alternative for dioxins/furans and determined that the high cost 
coupled with the small reduction in dioxin/furan emissions does not 
justify the beyond-the-floor alternative.
    The emission limitations include operating limits for control 
devices. All owners or operators using a wet scrubber to meet an 
emission limit in the final rule must establish and meet operating 
limits for pressure drop and scrubber water flow rate.
    The work practice standards require owners or operators to prepare 
a written plan that describes the measures that will be used to control 
fugitive dust emissions from all unpaved roads and other unpaved 
operational areas. The fugitive dust emissions control plan must be 
approved by the Administrator, and the requirement to operate according 
to the provisions in the plan must be incorporated by reference in the 
title V operating permit. In the final rule, we clarified the 
compliance and recordkeeping requirements for the fugitive dust control 
plan to be consistent with the work practice requirements in general, 
such as those in the operation and maintenance plan. The control of 
fugitive dust emissions will reduce PM which is a surrogate for metal 
HAP.

D. What Are the Operation and Maintenance Requirements?

    All owners or operators of plants subject to the final rule are 
required to prepare and implement a written startup, shutdown, and 
malfunction plan according to the requirements in Sec.  63.6(e) of the 
NESHAP General Provisions (40 CFR part 63, subpart A). A written 
operation and maintenance plan is also required for control devices 
subject to an operating limit. The plan must describe procedures for 
monthly inspections and preventative maintenance requirements for 
control devices.

E. What Are the Initial Compliance Requirements?

    The final rule requires a performance test for each control device 
to demonstrate initial compliance with the applicable emission limits 
of chlorine, HCl, PM, PM10, and dioxin/furan. The EPA Method 
26 or 26A in 40 CFR part 60, appendix A, is the reference method for 
chlorine and HCl. The reference method for PM is EPA Method 5 or 5D in 
40 CFR part 60, appendix A. The reference method for PM10 is 
EPA Method 201 or 201A in 40 CFR part 60, appendix A. The EPA Method 23 
of 40 CFR part 60, appendix A, is the reference method for dioxin/
furan. The final rule also requires owners or operators to establish 
operating limits for scrubber pressure drop and scrubber water flow 
rate concurrent with the initial performance tests.

F. What Are the Continuous Compliance Requirements?

    The final rule requires primary magnesium refineries to conduct 
performance tests at least twice during each title V operating permit 
term (at midterm and renewal) to demonstrate continuous compliance with 
the emission limits. Owners or operators are also required to monitor 
operating parameters for control devices subject to operating limits 
and carry out the procedures in their fugitive dust emissions control 
plan and their operation and maintenance plan.
    For wet scrubbers, owners or operators are required to use 
continuous parameter monitoring systems (CPMS) to measure and record 
the hourly average pressure drop and scrubber water flow rate. To 
demonstrate continuous compliance, owners or operators must keep 
records documenting conformance with the monitoring requirements and 
the installation, operation, and maintenance requirements for CPMS.

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

    We selected the notification, recordkeeping, and reporting 
requirements to be consistent with the NESHAP General Provisions (40 
CFR part 63, subpart A). One-time notifications are required by EPA to 
know what facilities are subject to the final standards, if a facility 
has complied with the final rule requirements, and when certain events, 
such as performance tests, are scheduled. Semiannual compliance reports 
containing information on any deviation from the final rule 
requirements are also required. These reports include information on 
any deviation that occurred during the reporting period; if no 
deviation occurred, only summary information is required. Consistent 
with the NESHAP General Provisions, we also require an immediate report 
of any startup, shutdown, or malfunction where the actions taken in 
response were not consistent with the startup, shutdown, and 
malfunction plan. This information is needed to determine if changes 
need to be made to the plan. By-passing the control device for 
maintenance activities is not considered a startup, shutdown, or 
malfunction event. Records of information needed to document compliance 
with the final rule requirements are required. These notifications, 
reports, and records are the minimum needed to ensure initial and 
continuous compliance.

III. Summary of Responses to Major Comments

    We received substantive comments from only one commenter, and this 
commenter represents the primary magnesium plant affected by the final 
rule.
    Comment: The commenter stated that a dioxin/furan emission limit is 
not appropriate for the primary magnesium industry because EPA has 
applied these limits primarily to facilities that burn wastes. Other 
industries, such as petroleum refineries and iron and steel foundries, 
are known to emit dioxin/furan; however, EPA did not propose limits for 
them. The commenter also stated that the dioxin/furan limit cannot be 
justified on the basis of health risk because the facility is in a 
remote location, and the nearest resident is 25 miles away. The 
commenter recommended that EPA use PM as a surrogate for dioxin/furan 
emissions from the melt reactor because: EPA established MACT for 
dioxin/furan as the PM control devices on the melt reactor, PM is used 
as a surrogate for other pollutants in the final rule and has been used 
as a surrogate for dioxin/furan in other rules, the dioxin/furan 
emissions are mainly in particulate form, the dioxin/furan limit will 
obtain no additional reduction beyond that obtained using PM as a 
surrogate, and the dioxin/furan limit will add significantly to the 
cost of stack testing with no apparent gain.
    Response: We set a dioxin/furan limit because it is a HAP of 
concern with respect to toxicity. We have adequate test data (two tests 
composed of three runs each) to characterize emission control 
performance, and dioxin/furan formation and control is not always 
correlated to PM formation and control. First, the formation of dioxin/
furans in combustion devices with an available source of chlorine is 
well documented, and it is not a concern only for facilities that burn 
waste. The test data from this industry confirm the formation and 
emissions of dioxin/furans from this emissions source. Second, we do 
not agree that the control device for PM will adequately control the 
emissions of dioxin/furans. There are factors other than the PM control 
device which may affect the formation and control of dioxin/furan, such 
as the composition

[[Page 58618]]

and concentrations of precursors, temperature, and process conditions. 
Dioxins are formed in acid gases leaving the combustion device, and the 
means of control is not necessarily the particulate control system but 
quenching of gases to control the temperature in the device (to assure 
that temperature does not fall in the range which optimizes dioxin/
furan formation).
    The MACT control system for dioxin/furans is the entire scrubber 
train--the packed tower scrubbers (for HCl control) and the venturi 
scrubber (for PM control)--and not just the PM control device. That is, 
the control of dioxin/furans includes the rapid cooling of the exhaust 
gas that occurs in the packed tower absorbers, which limits the dioxin/
furan formation. Therefore, we believe a dioxin/furan limit is 
necessary to ensure that process and control device operations do not 
change in the future in a manner that might increase the formation and 
release of dioxin/furan, even if the overall PM control level remains 
the same.
    The dioxin/furan emission limit is not based on a determination 
that health risks exist; it is based on technology and the floor level 
of control that has been achieved. Stack testing every 2.5 years is not 
costly or unreasonable to provide assurance that the dioxin/furan limit 
is being achieved. Moreover, the commenter did not provide any 
information as to how this stack testing will add significantly to the 
costs of compliance with the final NESHAP.
    Comment: The commenter disagreed with the approach used to set the 
emission limit for dioxin/furan and claimed it does not provide a 
reasonable margin of safety to ensure continuous compliance. The 
commenter suggests that a limit of 50 ng TEQ/dscm is statistically 
valid. However, the commenter recommended that a minimum safety factor 
of three be applied to the average of results from the two stack tests 
(21.5 ng TEQ/dscm) to develop a limit of 65 ng TEQ/dscm rather than a 
limit of 36 ng TEQ/dscm as proposed. The commenter stated this is 
reasonable because of the high variability in the test results and 
because of the inherent inaccuracies in the dioxin/furan sampling and 
analysis, especially at these extremely low levels of detection.
    Response: We chose 36 ng TEQ/dscm because it was the highest result 
from any of the six runs. This approach accounts for inherent 
variability, and an additional margin of safety is provided by 
determining compliance from the average of three runs. The commenter 
estimated the 99th percentile for single test runs. The variability of 
the average of three runs is more appropriate than the variability of a 
single test run because compliance is determined from the average of 
three test runs rather than for each single test run.
    To illustrate the impact of using the average of three runs, we 
performed a Monte Carlo simulation of 5,000 runs based on a normal 
distribution developed from the test results for six runs. From the 
simulation, the 99th percentile for individual runs was 44 ng TEQ/dscm 
compared to a 99th percentile of 32 ng TEQ/dscm for the average of 
three runs. Consequently, since the emission limit is enforced based on 
three-run averages, the proposed limit of 36 ng TEQ/dscm is close to 
the 99th percentile of performance. We believe that the limit as 
proposed (and included in the final rule) is achievable, and the 
simulation indicates it accounts for variability.
    The commenter mentioned process variability and uncertainty 
associated with sampling and analysis as reasons for a higher limit. 
However, the variability in the process, sampling, and analysis are 
inherently included in the runs we used to derive the limit and using 
the highest run accommodates this variability. In addition, there is no 
need to artificially increase the limit by multiplying the average of 
the test results by three because the statistical simulation shows that 
the proposed limit is reasonable. With testing performed every 2.5 
years and a limit at about the 99th percentile, the limit would be 
exceeded no more than once every 250 years if the process and control 
device are operated as they were during the two performance tests.
    While we were evaluating the data discussed by the commenter, we 
discovered an error in the 1998 test report. The test contractor 
inadvertently switched the TEF for two congeners. The net effect is 
that the overall average for six runs is 18 ng TEQ/dscm instead of 21.5 
ng TEQ/dscm. This correction had no effect on the highest run and did 
not change the limit that was originally proposed.
    Comment: The commenter stated that the World Health Organization's 
1998 TEF scheme should be used to assign toxic equivalency, and this 
scheme should be stated in the final rule.
    Response: Based on our dioxin reassessment report, we agree with 
the commenter and have incorporated the updated TEF scheme in the final 
rule. The effect on the test results was small, and the highest run 
remained at 36 ng TEQ/dscm. Consequently, the level of the final 
standard remains as proposed.

IV. Summary of Environmental, Energy and Economic Impacts

    Generally, we do not expect the impacts of the final rule to be 
very significant. Currently, the one operating primary magnesium plant 
has all of the required air pollution control equipment in place and 
operating. The only impacts will be the estimated cost of $43,000 for 
the additional monitoring, recordkeeping and reporting requirements 
required by the final rule.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines a ``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 entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that the final rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866, and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    The information collection requirements in the final rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. (ICR 2098.02). The information collection 
requirements are not enforceable until OMB approves them.
    The information requirements in the final rule 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

[[Page 58619]]

subject to NESHAP. The records and reports required by the final rule 
are necessary for EPA to identify major sources and new or 
reconstructed sources subject to the rule, ensure that MACT is being 
properly applied, and ensure that the emission control devices are 
being properly operated and maintained on a continuous basis. Based on 
the reported information, EPA can decide which plants, records, or 
processes should be inspected. These recordkeeping and reporting 
requirements are specifically authorized by section 112 of the CAA (42 
U.S.C. 7414). All information submitted to the EPA pursuant to the 
recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency policies in 
40 CFR part 2, subpart B.
    The annual average public reporting and recordkeeping burden for 
this collection of information over the first 3 years of the 
information collection request (ICR) is estimated to total 731 labor 
hours per year. This includes six responses per year from one 
respondent with an average of 122 hours per response. The total 
annualized cost burden to the facility is estimated at $43,000, 
including labor, capital, and operation and maintenance. No additional 
capital cost for monitoring devices or annual costs for operation and 
maintenance costs are attributable to the final rule because the 
affected plant has already installed all continuous monitoring systems 
as a result of State requirements.
    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 purpose 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 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 number for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9. When the ICR 
is approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in the 
final rule.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the final rule. The 
EPA has also determined that the final rule will not have a significant 
economic impact on a substantial number of small entities. For purposes 
of assessing the impacts of today's final rule on small entities, small 
entity is defined as: (1) A small business according to Small Business 
Administration (SBA) size standards for NAICS code 331419 (i.e., 
Primary Magnesium Refining) of 1,000 or fewer employees; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
Based on the above definition of small entities, no small entities are 
subject to the final rule and its requirements.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, 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 the 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 the EPA 
to adopt an alternative other than the least-costly, most cost-
effective, or least-burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    Today's final rule contains no Federal mandate (under the 
regulatory provisions of the UMRA) for State, local, or tribal 
governments. The EPA has determined that the final rule does not 
contain a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector in any 1 year. The maximum total 
annual cost of the final rule for any year has been estimated to be 
less than $48,000. Thus, the final rule is not subject to sections 202 
and 205 of the UMRA. In addition, the EPA has determined that the final 
rule contains no regulatory requirements that might significantly or 
uniquely affect small governments because it contains no requirements 
that apply to such governments or impose obligations upon them. 
Therefore, today's final rule is not subject to the requirements of 
section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    The final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and

[[Page 58620]]

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. Thus, Executive Order 13132 does not 
apply to the final rule.

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

    Executive Order 13175 (65 FR 67249, November 6, 2000), requires the 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.''
    The final rule does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes. No tribal governments 
own facilities subject to the final rule. Thus, Executive Order 13175 
does not apply to the final rule.

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 an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, 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 the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The final rule is not 
subject to Executive Order 13045 because it is based on technology and 
not on health or safety risks.

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

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

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law 104-113; 15 U.S.C 272 note), directs 
the EPA to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impracticable. Voluntary consensus 
standards are technical standards (such as material specifications, 
test methods, sampling procedures, business practices) developed or 
adopted by one or more voluntary consensus standard 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 rule involves technical standards. Therefore, the EPA 
conducted a search to identify potentially applicable voluntary 
consensus standards. However, we identified no such standards as 
alternatives to EPA Methods 1, 2, 2F, 2G, 3, 3A, 3B, 4, 5, 5D, 23, 26, 
26A, 201, and 201A and none were brought to our attention in comments. 
The search and review results are available in Docket OAR-2002-0043.

J. Congressional Review Act

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

List of Subjects in 40 CFR Part 64

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

    Dated: August 25, 2003.
Marianne Lamont Horinko,
Acting 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 TTTTT to read as follows:

Subpart TTTTT--National Emissions Standards for Hazardous Air 
Pollutants for Primary Magnesium Refining

Sec.

What This Subpart Covers

63.9880 What is the purpose of this subpart?
63.9881 Am I subject to this subpart?
63.9882 What parts of my plant does this subpart cover?
63.9883 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.9890 What emission limitations must I meet?
63.9891 What work practice standards must I meet for my fugitive 
dust sources?

Operation and Maintenance Requirements

63.9900 What are my operation and maintenance requirements?

General Compliance Requirements

63.9910 What are my general requirements for complying with this 
subpart?

Initial Compliance Requirements

63.9911 By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.9912 When must I conduct subsequent performance tests?
63.9913 What test methods and other procedures must I use to 
demonstrate initial compliance with the emission limits for 
particulate matter and PM10?
63.9914 What test methods and other procedures must I use to 
demonstrate initial compliance with chlorine and hydrochloric acid 
emission limits?
63.9915 What test methods and other procedures must I use to 
demonstrate initial compliance with dioxin/furan emission limits?
63.9916 What test methods and other procedures must I use to 
establish and demonstrate initial compliance with the operating 
limits?
63.9917 How do I demonstrate initial compliance with the emission 
limitations and work practice standards that apply to me?
63.9918 How do I demonstrate initial compliance with the operation 
and maintenance requirements that apply to me?

Continuous Compliance Requirements

63.9920 What are my monitoring requirements?

[[Page 58621]]

63.9921 What are the installation, operation, and maintenance 
requirements for my monitors?
63.9922 How do I monitor and collect data to demonstrate continuous 
compliance?
63.9923 How do I demonstrate continuous compliance with the emission 
limitations and work practice standards that apply to me?
63.9924 How do I demonstrate continuous compliance with the 
operation and maintenance requirements that apply to me?
63.9925 What other requirements must I meet to demonstrate 
continuous compliance?

Notifications, Reports, and Records

63.9930 What notifications must I submit and when?
63.9931 What reports must I submit and when?
63.9932 What records must I keep?
63.9933 In what form and how long must I keep my records?

Other Requirements and Information

63.9940 What parts of the General Provisions apply to me?
63.9941 Who implements and enforces this subpart?
63.9942 What definitions apply to this subpart?

Tables to Subpart TTTTT of Part 63

Table 1 to Subpart TTTTT of Part 63--Emission Limits
Table 2 to Subpart TTTTT of Part 63--Toxic Equivalency Factors
Table 3 to Subpart TTTTT of Part 63--Initial Compliance with 
Emission Limits
Table 4 to Subpart TTTTT of Part 63--Continuous Compliance with 
Emission Limits
Table 5 to Subpart TTTTT of Part 63--Applicability of General 
Provisions to Subpart TTTTT of Part 63

What This Subpart Covers


Sec.  63.9880  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for primary magnesium refineries. This subpart 
also establishes requirements to demonstrate initial and continuous 
compliance with all applicable emission limitations, work practice 
standards, and operation and maintenance requirements.


Sec.  63.9881  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a primary 
magnesium refinery that is (or is part of) a major source of hazardous 
air pollutant (HAP) emissions. Your primary magnesium refinery is a 
major source of HAP if it emits or has the potential to emit any single 
HAP at a rate of 10 tons or more per year or any combination of HAP at 
a rate of 25 tons or more per year.


Sec.  63.9882  What parts of my plant does this subpart cover?

    (a) The affected sources are each new and existing primary 
magnesium refining facility.
    (b) This subpart covers emissions from each spray dryer stack, 
magnesium chloride storage bins scrubber stack, melt/reactor system 
stack, and launder off-gas system stack at your primary magnesium 
refining facility. This subpart also covers fugitive dust emissions.
    (c) Each primary magnesium refining facility is existing if you 
commenced construction or reconstruction of the affected source before 
January 22, 2003.
    (d) Each primary magnesium refining facility is new if you commence 
construction or reconstruction of the affected source on or after 
January 22, 2003. An affected source is reconstructed if it meets the 
definition of reconstruction in Sec.  63.2.


Sec.  63.9883  When do I have to comply with this subpart?

    (a) If you have an existing source, you must comply with each 
emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than October 11, 2004.
    (b) If you have a new affected source and its initial startup date 
is on or before October 11, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by October 10, 2003.
    (c) If you have a new affected source and its initial startup date 
is after October 10, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you upon initial startup.
    (d) If your primary magnesium refinery is an area source that 
becomes a major source of HAP, the compliance dates in paragraphs 
(d)(1) and (2) of this section apply to you:
    (1) Any portion of the existing primary magnesium refinery 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 primary magnesium refinery must be in 
compliance with this subpart no later than 2 years after it becomes a 
major source.
    (e) You must meet the notification and schedule requirements in 
Sec.  63.9930. Several of these notifications must be submitted before 
the compliance date for your affected source.

Emission Limitations and Work Practice Standards


Sec.  63.9890  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) For each wet scrubber applied to meet any particulate matter, 
particulate matter less than 10 microns (PM10), chlorine, 
hydrochloric acid, or dioxins/furans emission limit in Table 1 to this 
subpart, you must maintain the hourly average pressure drop and 
scrubber liquid flow rate at or above the minimum level established 
during the initial or subsequent performance test.


Sec.  63.9891  What work practice standards must I meet for my fugitive 
dust sources?

    (a) You must prepare and at all times operate according to a 
fugitive dust emissions control plan that describes in detail the 
measures that will be put in place to control fugitive dust emissions 
from all unpaved roads and other unpaved operational areas.
    (b) You must submit a copy of your fugitive dust emissions control 
plan for approval to the Administrator on or before the applicable 
compliance date for the affected source as specified in Sec.  63.9883. 
The requirement to operate according to the fugitive dust emissions 
control plan must be incorporated by reference in the source's 
operating permit issued by the permitting authority under 40 CFR part 
70 or 40 CFR part 71.
    (c) You can use an existing fugitive dust emissions control plan 
provided it meets the requirements in paragraphs (c)(1) through (3) of 
this section.
    (1) The plan satisfies the requirements of paragraph (a) of this 
section.
    (2) The plan describes the current measures to control fugitive 
dust emission sources.
    (3) The plan has been approved as part of a State implementation 
plan or title V permit.
    (d) You must maintain a current copy of the fugitive dust emissions 
control plan on-site and available for inspection upon request. You 
must keep the plan for the life of the affected source or until the 
affected source is no longer subject to the requirements of this 
subpart.

Operation and Maintenance Requirements


Sec.  63.9900  What are my operation and maintenance requirements?

    (a) As required by Sec.  63.6(e)(1)(i), you must always operate and 
maintain your affected source, including air pollution

[[Page 58622]]

control and monitoring equipment, in a manner consistent with good air 
pollution control practices for minimizing emissions at least to the 
levels required by this subpart.
    (b) You must prepare and operate at all times according to a 
written operation and maintenance plan for each control device subject 
to an operating limit in Sec.  63.9890(b). Each plan must address 
preventative maintenance for each control device, including a 
preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (c) You must maintain a current copy of the operation and 
maintenance plan required in paragraph (b) of this section on-site and 
available for inspection upon request. You must keep the plan for the 
life of the affected source or until the affected source is no longer 
subject to the requirements of this subpart.

General Compliance Requirements


Sec.  63.9910  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations, work 
practice standards, and operation and maintenance requirements in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction as defined in Sec.  63.2.
    (b) You must develop and implement a written startup, shutdown and 
malfunction plan according to the provisions in Sec.  63.6(e)(3).

Initial Compliance Requirements


Sec.  63.9911  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) As required in Sec.  63.7(a)(2), you must conduct a performance 
test to demonstrate initial compliance with each emission limit in 
Table 1 to this subpart that applies to you as indicated in paragraphs 
(a)(1) through (3) of this section:
    (1) Within 180 calendar days after the compliance date that is 
specified in Sec.  63.9883 for your existing affected source;
    (2) By April 7, 2004 for a new source that has an initial startup 
date before October 10, 2003; or
    (3) Within 180 days after initial startup for a new source that has 
an initial startup date after October 10, 2003.
    (b) For each operation and maintenance requirement that applies to 
you where initial compliance is not demonstrated using a performance 
test, you must demonstrate initial compliance within 30 calendar days 
after the compliance date that is specified for your affected source in 
Sec.  63.9883.
    (c) If you commenced construction or reconstruction between January 
22, 2003 and October 10, 2003, you must demonstrate initial compliance 
with either the proposed emission limitation or the promulgated 
emission limitation no later than April 7, 2004 or no later than 180 
calendar days after startup of the source, whichever is later, 
according to Sec.  63.7(a)(2)(ix).
    (d) If you commenced construction or reconstruction between January 
22, 2003 and October 10, 2003, and you chose to comply with the 
proposed emission limit when demonstrating initial compliance, you must 
conduct a second performance test to demonstrate compliance with the 
promulgated emission limit by April 11, 2005, or after startup of the 
source, whichever is later, according to Sec.  63.7(a)(2)(ix).


Sec.  63.9912  When must I conduct subsequent performance tests?

    You must conduct subsequent performance tests to demonstrate 
continuous compliance with all applicable emission limits in Table 1 to 
this subpart no less frequently than twice (at mid-term and renewal) 
during each term of your title V operating permit.


Sec.  63.9913  What test methods and other procedures must I use to 
demonstrate initial compliance with the emission limits for particulate 
matter and PM10?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in Sec.  63.7(e)(1).
    (b) To determine compliance with the applicable emission limits for 
particulate matter in Table 1 to this subpart, you must follow the test 
methods and procedures in paragraphs (b)(1) and (2) of this section.
    (1) Determine the concentration of particulate matter according to 
the following test methods in appendix A to 40 CFR part 60:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of 
the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D, as applicable, to determine the concentration 
of particulate matter.
    (vi) Method 201 or 201A, as applicable, to determine the 
concentration of PM10.
    (2) Collect a minimum sample volume of 60 dry standard cubic feet 
(dscf) during each particulate matter or PM10 test run. 
Three valid test runs are needed to comprise a performance test.
    (c) Compute the mass emissions rate in pounds per hour (lbs/hr) for 
each test run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR10OC03.000

Where:

Elbs/hr = Mass emissions rate of particulate matter or 
PM10 (lbs/hr);
Cs = Concentration of particulate matter or PM10 
in the gas stream, grains per dry standard cubic feet (gr/dscf);
Qstd = Volumetric flow rate of stack gas, dry standard cubic 
feet per minute (dscfm);
60 = Conversion factor, minutes per hour (min/hr); and
7,000 = Conversion factor, grains per pound (gr/lb).


Sec.  63.9914  What test methods and other procedures must I use to 
demonstrate initial compliance with chlorine and hydrochloric acid 
emission limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in Sec.  63.7(e)(1).
    (b) To determine compliance with the applicable emission limits for 
chlorine and hydrochloric acid in Table 1 to this subpart, you must 
follow the test methods and procedures specified in paragraphs (b)(1) 
and (2) of this section.
    (1) Determine the concentration of chlorine and hydrochloric acid 
according to the following test methods in appendix A to 40 CFR part 
60:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow of the 
stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 26 or 26A, as applicable, to determine the concentration 
of hydrochloric acid and chlorine.
    (2) Collect a minimum sample of 60 dscf during each test run for 
chlorine and hydrochloric acid. Three valid test runs are needed to 
comprise a performance test.
    (c) Compute the mass emissions rate (lbs/hr) for each test run 
using Equation 1 of this section:

[[Page 58623]]

[GRAPHIC] [TIFF OMITTED] TR10OC03.001

Where:

Elbs/hr = Mass emissions rate of chlorine or hydrochloric 
acid (lbs/hr);
Cs = Concentration of chlorine or hydrochloric acid in the 
gas stream, milligrams per dry standard cubic meter (mg/dscm);
Qstd = Volumetric flow rate of stack gas (dscfm);
60 = Conversion factor (min/hr);
35.31 = Conversion factor (dscf/dscm); and
454,000 = Conversion factor (mg/lb).


Sec.  63.9915  What test methods and other procedures must I use to 
demonstrate initial compliance with dioxin/furan emission limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in Sec.  63.7(e)(1).
    (b) To determine compliance with the applicable emission limit for 
dioxins/furans in Table 1 to this subpart, you must follow the test 
methods and procedures specified in paragraphs (b)(1) and (2) of this 
section.
    (1) Determine the concentration of dioxin and furan according to 
the following test methods in appendix A to 40 CFR part 60:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow of the 
stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 23 to determine the concentration of dioxins/furans. For 
each dioxin/furan congener measured in accordance with this paragraph 
(b)(v), multiply the congener concentration by its corresponding toxic 
equivalency factor specified in Table 2 of this subpart.
    (2) Collect a minimum sample of 100 dscf during each test run. 
Three valid test runs are needed to comprise a performance test.


Sec.  63.9916  What test methods and other procedures must I use to 
establish and demonstrate initial compliance with the operating limits?

    For a wet scrubber subject to operating limits for pressure drop 
and scrubber water flow rate in Sec.  63.9890(b), you must establish 
site-specific operating limits according to the procedures in 
paragraphs (a) and (b) of this section.
    (a) Using the continuous parameter monitoring system (CPMS) 
required in Sec.  63.9920, measure and record the pressure drop and 
scrubber water flow rate at least every 15 minutes during each run of 
the particulate matter performance test.
    (b) Compute and record the average pressure drop and scrubber water 
flow rate for each individual test run. Your operating limits are the 
lowest average individual pressure drop and scrubber water flow rate 
values in any of the three runs that meet the applicable emission 
limit.


Sec.  63.9917  How do I demonstrate initial compliance with the 
emission limitations and work practice standards that apply to me?

    (a) For each affected source subject to an emission limit in Table 
1 to this subpart, you have demonstrated initial compliance if:
    (1) You have met the conditions in Table 3 to this subpart; and
    (2) For each wet scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec.  63.9890(b), you 
have established appropriate site-specific operating limits and have a 
record of the pressure drop and scrubber water flow rate measured 
during the performance test in accordance with Sec.  63.9916.
    (b) You have demonstrated initial compliance with the work practice 
standards in Sec.  63.9891 if you have certified in your notification 
of compliance status that:
    (1) You have prepared a fugitive dust emissions control plan 
according to the requirements in Sec.  63.9891 and submitted the plan 
for approval; and
    (2) You will operate according to the requirements in the plan.


Sec.  63.9918  How do I demonstrate initial compliance with the 
operation and maintenance requirements that apply to me?

    You must demonstrate initial compliance by certifying in your 
notification of compliance status that you have met the requirements in 
paragraphs (a) and (b) of this section.
    (a) You have prepared the operation and maintenance plan according 
to the requirements in Sec.  63.9910; and
    (b) You will operate each control device according to the 
procedures in the plan.

Continuous Compliance Requirements


Sec.  63.9920  What are my continuous monitoring requirements?

    For each wet scrubber subject to the operating limits for pressure 
drop and scrubber water flow rates in Sec.  63.9890(b), you must at all 
times monitor the hourly average pressure drop and liquid flow rate 
using a CPMS according to the requirements in Sec.  63.9921(a).


Sec.  63.9921  What are the installation, operation and maintenance 
requirements for my monitors?

    (a) For each wet scrubber subject to the operating limits in Sec.  
63.9890(b) for pressure drop and scrubber water flow rate, you must 
install, operate, and maintain each CPMS according to the requirements 
in paragraphs (a)(1) and (2) of this section.
    (1) For the pressure drop CPMS, you must:
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure and that 
minimizes or eliminates pulsating pressure, vibration, and internal and 
external corrosion.
    (ii) 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.
    (iii) Check the pressure tap for pluggage daily.
    (iv) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (vi) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (2) For the scrubber water flow rate CPMS, you must:
    (i) Locate the flow sensor and other necessary equipment in a 
position that provides a representative flow and that reduces swirling 
flow or abnormal velocity distributions due to upstream and downstream 
disturbances.
    (ii) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the flow rate.
    (iii) Conduct a flow sensor calibration check at least semiannually 
according to the manufacturer's instructions.
    (iv) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (b) You must install, operate, and maintain each CPMS for a wet 
scrubber according to the requirements in paragraphs (b)(1) through (3) 
of this section.
    (1) Each CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.

[[Page 58624]]

    (2) Each CPMS must have valid data for at least 95 percent of every 
averaging period.
    (3) Each CPMS must determine and record the hourly average of all 
recorded readings.


Sec.  63.9922  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) Except for monitoring 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 an affected source is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities in data averages and calculations used to report emission or 
operating levels or to fulfill a minimum data availability requirement, 
if applicable. You must use all the data collected during all other 
periods in assessing compliance.
    (c) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions.


Sec.  63.9923  How do I demonstrate continuous compliance with the 
emission limitations and work practice standards that apply to me?

    (a) For each affected source subject to an emission limit in Table 
1 to this subpart, you must demonstrate continuous compliance according 
to the requirements in Table 4 to this subpart.
    (b) For each wet scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec.  63.9890(b), you 
must demonstrate continuous compliance according to the requirements in 
paragraphs (b)(1) and (2) of this section.
    (1) Collecting and reducing the monitoring data according to Sec.  
63.9921(b); and
    (2) Maintaining the hourly average pressure drop and scrubber water 
flow rate at or above the minimum level established during the initial 
or subsequent performance.
    (c) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.9891 by operating according to the 
requirements in your fugitive dust emissions control plan and recording 
information needed to document conformance with the requirements.


Sec.  63.9924  How do I demonstrate continuous compliance with the 
operation and maintenance requirements that apply to me?

    For each emission point subject to an emission limit in Table 1 to 
this subpart, you must demonstrate continuous compliance with the 
operation and maintenance requirements in Sec.  63.9900 by performing 
preventive maintenance for each control device according to Sec.  
63.9900(b) and recording all information needed to document conformance 
with these requirements.


Sec.  63.9925  What other requirements must I meet to demonstrate 
continuous compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emission limitation in Sec.  63.9890 or work practice 
standard in Sec.  63.9891 that applies to you. This includes periods of 
startup, shutdown, and malfunction. You must also report each instance 
in which you did not meet each operation and maintenance requirement 
required in Sec.  63.9900 that applies to you. These instances are 
deviations from the emission limitations, work practice standards, and 
operation and maintenance requirements in this subpart. These 
deviations must be reported according to the requirements in Sec.  
63.9931.
    (b) Startups, shutdowns, and malfunctions. During periods of 
startup, shutdown, and malfunction, you must operate in accordance with 
your startup, shutdown, and malfunction plan.
    (1) 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 in accordance with the startup, shutdown, and 
malfunction plan.
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec.  63.6(e).

Notifications, Reports, and Records


Sec.  63.9930  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), 63.9(b), and 63.9(h) that apply to you by the 
specified dates.
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before October 10, 2003, you must submit your initial 
notification no later than February 9, 2004.
    (c) As specified in Sec.  63.9(b)(3), if you start your new 
affected source on or after October 10, 2003, you must submit your 
initial notification no later that 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 or other 
initial compliance demonstration, you must submit a notification of 
compliance status according to Sec.  63.9(h)(2)(ii), and the 
requirements in paragraphs (e)(1) and (2) of this section:
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, 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).


Sec.  63.9931  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements in 
paragraphs(a)(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.  
63.9883 and ending on June 30 or December 31, whichever date comes 
after the compliance date that is specified for your source in Sec.  
63.9883.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
compliance report is due.
    (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, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations

[[Page 58625]]

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 (a)(1) through (4) of this section.
    (b) Compliance report contents. Each compliance report must include 
the information in paragraphs (b)(1) through (3) of this section and, 
as applicable, paragraphs (b)(4) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (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 startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec.  63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec. Sec.  63.9923 and 63.9924 that apply to you, a 
statement that there were no deviations from the emission limitations, 
work practice standards, or operation and maintenance requirements 
during the reporting period.
    (6) If there were no periods during which a CPMS was out-of-control 
as specified in Sec.  63.8(c)(7), a statement that there were no 
periods during which the CPMS was out-of-control during the reporting 
period.
    (7) For each deviation from an emission limitation in Sec.  63.9890 
that occurs at an affected source where you are not using a CPMS to 
comply with an emission limitation in this subpart, the compliance 
report must contain the information in paragraphs (b)(1) through (4) of 
this section and the information in paragraphs (b)(7)(i) and (ii) of 
this section. This includes periods of startup, shutdown, and 
malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable) as applicable and the 
corrective action taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a CPMS to comply with the emission 
limitation in this subpart, you must include the information in 
paragraphs (b)(1) through (4) of this section and the information in 
paragraphs (b)(8)(i) through (xi) of this section. This includes 
periods of startup, shutdown, and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring was 
inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control, including the information in Sec.  
63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, 
or malfunction or during another period.
    (v) 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.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to startup, shutdown, 
control equipment problems, process problems, other known causes, and 
other unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (c) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements in Sec.  
63.10(d)(5)(ii).
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 
40 CFR part 71, you must report all deviations as defined in this 
subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an affected source 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 the 
required information concerning deviations from any emissions 
limitation, work practice standards, or operation and maintenance 
requirement in this subpart, submission of the compliance report 
satisfies any obligation to report the same deviations in the 
semiannual monitoring report. However, submission of the compliance 
report does not otherwise affect any obligation you may have to report 
deviations from permit requirements for an affected source to your 
permitting authority.


Sec.  63.9932  What records must I keep?

    (a) You must keep the records as indicated in paragraphs (a)(1) 
through (3) of this section:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests and performance evaluations as 
required in Sec.  63.10(b)(2)(viii).
    (b) You must keep the records required in Sec. Sec.  63.9932 and 
63.9933 to show continuous compliance with each emission limitation, 
work practice standard, and operating and maintenance requirement that 
applies to you.


Sec.  63.9933  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record 
for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on site 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 can keep 
the records off site for the remaining 3 years.
    (d) You must keep your fugitive dust emissions control plan and 
your operation and maintenance plan on-site

[[Page 58626]]

according to the requirements in Sec. Sec.  63.9891(d) and 63.9900(c).

Other Requirements and Information


Sec.  63.9940  What parts of the General Provisions apply to me?

    Table 4 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.


Sec.  63.9941  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA) or a delegated 
authority such as your State, local, or tribal agency. If the EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and enforce 
this subpart. You should contact your EPA Regional Office to find out 
if this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the EPA and are not transferred to the 
State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emission 
limitations in Sec.  63.9890 and work practice standards in Sec.  
63.9891 under Sec.  63.6(g).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f) and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.


Sec.  63.9942  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:
    Chlorine plant bypass scrubber means the wet scrubber that captures 
chlorine gas during a chlorine plant shut down or failure.
    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 operating limits) or operation and maintenance requirement;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Launder off-gas system means a system that collects chlorine and 
hydrochloric acid fumes from collection points within the melt/reactor 
system building. The system then removes particulate matter and 
hydrochloric acid from the collected gases prior to discharge to the 
atmosphere.
    Magnesium chloride storage bins means vessels that store dried 
magnesium chloride powder produced from the spray drying operation.
    Melt/reactor system means a system that melts and chlorinates 
dehydrated brine to produce high purity molten magnesium chloride feed 
for electrolysis.
    Primary magnesium refining means the production of magnesium metal 
and magnesium metal alloys from natural sources of magnesium chloride 
such as sea water or water from the Great Salt Lake and magnesium 
bearing ores.
    Responsible official means responsible official as defined in Sec.  
63.2.
    Spray dryer means dryers that evaporate brine to form magnesium 
powder by contact with high temperature gases exhausted from gas 
turbines.
    Wet scrubber means a device that contacts an exhaust gas with a 
liquid to remove particulate matter and acid gases from the exhaust. 
Examples are packed-bed wet scrubbers and venturi scrubbers.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

Tables to Subpart TTTTT of Part 63

    As required in Sec.  63.9890(a), you must comply with each 
applicable emission limit in the following table:

          Table 1 to Subpart TTTTT of Part 63--Emission Limits
------------------------------------------------------------------------
                                    You must comply with each of the
          For . . .                         following . . .
------------------------------------------------------------------------
1. Each spray dryer stack....  a. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                particulate matter in excess of 100 lbs/
                                hr; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                hydrochloric acid in excess of 200 lbs/
                                hr.
2. Each magnesium chloride     a. You must not cause to be discharged to
 storage bins scrubber stack.   the atmosphere any gases that contain
                                hydrochloric acid in excess of 47.5 lbs/
                                hr and 0.35 gr/dscf; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                PM10 in excess of 2.7 lbs/hr and 0.016
                                gr/dscf.
3. Each melt/reactor system    a. You must not cause to be discharged to
 stack.                         the atmosphere any gases that contain
                                PM10 in excess of 13.1 lbs/hr; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                hydrochloric acid in excess of 7.2 lbs/
                                hr; and
                               c. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                chlorine in excess of 100 lbs/hr; and
                               d. You must not cause to be discharged to
                                the atmosphere any gases that contain 36
                                ng TEQ/dscm corrected to 7% oxygen.
4. Each launder off-gas        a. You must not cause to be discharged to
 system stack.                  the atmosphere any gases that contain
                                particulate matter in excess of 37.5 lbs/
                                hr; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                hydrochloric acid in excess of 46.0 lbs/
                                hr; and

[[Page 58627]]

 
                               c. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                chlorine in excess of 26.0 lbs/hr.
------------------------------------------------------------------------


     Table 2 to Subpart TTTTT of Part 63--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                              Toxic
                 Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin..............           1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin............           1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin...........           0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin...........           0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin...........           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin........           0.01
octachlorinated dibenzo-p-dioxin.......................           0.0001
2,3,7,8-tetrachlorinated dibenzofuran..................           0.1
2,3,4,7,8-pentachlorinated dibenzofuran................           0.5
1,2,3,7,8-pentachlorinated dibenzofuran................           0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran...............           0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran...............           0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran...............           0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran...............           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran............           0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran............           0.01
octachlorinated dibenzofuran...........................           0.0001
------------------------------------------------------------------------

    As required in 63.9916, you must demonstrate initial compliance 
with the emission limits according to the following table:

  Table 3 to Subpart TTTTT of Part 63--Initial Compliance with Emission
                                 Limits
------------------------------------------------------------------------
                                You have demonstrated initial compliance
          For . . .                             if . . .
------------------------------------------------------------------------
1. Each spray dryer stack....  a. The average mass flow of particulate
                                matter from the control system applied
                                to emissions from each spray dryer,
                                measured according to the performance
                                test procedures in Sec.   63.9913(c),
                                did not exceed 100 lbs/hr; and
                               b. The average mass flow of hydrochloric
                                acid from the control system applied to
                                emissions from each spray dryer,
                                determined according to the performance
                                test procedures in Sec.   63.9914(c),
                                did not exceed 200 lbs/hr.
2. Each magnesium chloride     a. The average mass flow of hydrochloric
 storage bin scrubber stack.    acid from the control system applied to
                                the magnesium chloride storage bins
                                scrubber exhaust, measured according to
                                the performance test procedure in Sec.
                                63.9914, did not exceed 47.5 lbs/hr and
                                0.35 gr/dscf; and
                               b. The average mass flow of PM10 from the
                                control system applied to the magnesium
                                chloride storage bins scrubber exhaust,
                                determined according to the performance
                                test procedures in   63.9913, did not
                                exceed 2.7 lbs/hr and 0.016 gr/dscf.
3. Each melt/reactor system    a. The average mass flow of PM10 from the
 stack.                         control system applied to the melt/
                                reactor system exhaust, measured
                                according to the performance test
                                procedures in   63.9913, did not exceed
                                13.1 lbs/hr; and
                               b. The average mass flow of hydrochloric
                                acid from the control system applied to
                                the melt/reactor system exhaust,
                                measured according to the performance
                                test procedures in Sec.   63.9914, did
                                not exceed 7.2 lbs/hr; and
                               c. The average mass flow of chlorine from
                                the control system applied to the melt/
                                reactor system exhaust, measured
                                according to the performance test
                                procedures in Sec.   63.9914, did not
                                exceed 100 lbs/hr.
                               d. The average concentration of dioxins/
                                furans from the control system applied
                                to the melt/reactor system exhaust,
                                measured according to the performance
                                test procedures in Sec.   63.9915, did
                                not exceed 36 ngTEQ/dscm corrected to 7%
                                oxygen.
4. Each launder off-gas        a. The average mass flow of particulate
 system stack.                  matter from the control system applied
                                to the launder off-gas system collection
                                system exhaust, measured according to
                                the performance test procedures in Sec.
                                 63.9913, did not exceed 37.5 lbs/hr;
                                and
                               b. The average mass flow of hydrochloric
                                acid from the control system applied to
                                the launder off-gas system collection
                                system exhaust, measured according to
                                the performance test procedures in Sec.
                                 63.9914, did not exceed 46.0 lbs/hr;
                                and
                               c. The average mass flow of chlorine from
                                the control system applied to the
                                launder off-gas system collection system
                                exhaust, measured according to the
                                performance test procedures in Sec.
                                63.9914, did not exceed 26.0 lbs/hr.
------------------------------------------------------------------------


[[Page 58628]]

    As required in Sec.  63.9923, you must demonstrate continuous 
compliance with the emission limits according to the following table:

Table 4 to Subpart TTTTT of Part 63--Continuous Compliance with Emission
                                 Limits
------------------------------------------------------------------------
                                    You must demonstrate continuous
          For . . .                       compliance by . . .
------------------------------------------------------------------------
1. Each spray dryer stack....  a. Maintaining emissions of PM10 at or
                                below 100 lbs/hr; and
                               b. Maintaining emissions of hydrochloric
                                acid at or below 200 lbs/hr; and
                               c. Conducting subsequent performance
                                tests at least twice during each term of
                                your title V operating permit (at mid-
                                term and renewal).
2. Magnesium chloride storage  a. Maintaining emissions of hydrochloric
 bins scrubber stack.           acid at or below 47.5 lbs/hr and 0.35 gr/
                                dscf; and
                               b. Maintaining emissions of PM10 at or
                                below 2.7 lbs/hr and 0.016 gr/dscf; and
                               c. Conducting subsequent performance
                                tests at least twice during each term of
                                your title V operating permit (at mid-
                                term and renewal).
3. Each melt/reactor system    a. Maintaining emissions of PM10 at or
 stack.                         below 13.1 lbs/hr; and
                               b. Maintaining emissions of hydrochloric
                                acid at or below 7.2 lbs/hr; and
                               c. Maintaining emissions of chlorine at
                                or below 100 lbs/hr; and
                               d. Maintaining emissions of dioxins/
                                furans at or below 36 ng TEQ/dscm
                                corrected to 7% oxygen.
                               e. Conducting subsequent performance test
                                at least twice during each term of your
                                title V operating permit (at mid-term
                                and renewal).
4. Each launder off-gas        a. Maintaining emissions of particulate
 system stack.                  matter at or below 37.5 lbs/hr; and
                               b. Maintaining emissions of hydrochloric
                                acid at or below 46.0 lbs/hr; and
                               c. Maintaining emissions of chlorine at
                                or below 26.0 lbs/hr; and
                               d. Conducting subsequent performance
                                tests at least twice during each term of
                                your title V operating permit (at mid-
                                term and renewal).
------------------------------------------------------------------------

    As required in Sec.  63.9950, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

      Table 5 to Subpart TTTTT of Part 63--Applicability of General Provisions to Subpart TTTTT of Part 63
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applies to Subpart  TTTTT         Explanation
----------------------------------------------------------------------------------------------------------------
63.1...............................  Applicability.........  Yes.
63.2...............................  Definitions...........  Yes.
63.3...............................  Units and               Yes.
                                      Abbreviations.
63.4...............................  Prohibited Activities.  Yes.
63.5...............................  Construction and        Yes.
                                      Reconstruction.
63.6(a)-(g)........................  Compliance with         Yes.
                                      Standards and
                                      Maintenance
                                      Requirements.
63.6(h)............................  Determining Compliance  No.
                                      with Opacity and
                                      Visible Emission
                                      Standards.
63.6(i)-(j)........................  Extension of            Yes.
                                      Compliance and
                                      Presidential
                                      Compliance Exemption.
63.7(a)(1)-(2).....................  Applicability and       No                           Subpart TTTTT
                                      Performance Test                                     specifies performance
                                      Dates.                                               test applicability
                                                                                           and dates.
63.7(a)(3), (b)-(h)................  Performance Testing     Yes.
                                      Requirements.
63.8 except for (a)(4),(c)(4), and   Monitoring              Yes.
 (f)(6).                              Requirements.
63.8(a)(4).........................  Additional Monitoring   No.........................  Subpart TTTTT does not
                                      Requirements for                                     require flares.
                                      Control Devices in
                                      Sec.   63.11.
63.8(c)(4).........................  Continuous Monitoring   No.........................  Subpart TTTTT
                                      System Requirements.                                 specifies
                                                                                           requirements for
                                                                                           operation of CMS.
63.8(f)(6).........................  Relative Accuracy Test  No.........................  Subpart TTTTT does not
                                      Alternative (RATA).                                  require continuous
                                                                                           emission monitoring
                                                                                           systems.
63.9...............................  Notification            Yes.
                                      Requirements.
63.9(g)(5).........................  Data Reduction........  No.........................  Subpart TTTTT
                                                                                           specifies data
                                                                                           reduction
                                                                                           requirements.
63.10 except for (b)(2)(xiii) and    Recordkeeping and       Yes.
 (c)(7)-(8).                          Reporting
                                      Requirements.
63.10(b)(2)(xiii)..................  Continuous Monitoring   No.........................  Subpart TTTTT does not
                                      System (CMS) Records                                 require continuous
                                      for RATA Alternative.                                emission monitoring
                                                                                           systems.
63.10(c)(7)-(8)....................  Records of Excess       No.........................  Subpart TTTTT
                                      Emissions and                                        specifies
                                      Parameter Monitoring                                 recordkeeping
                                      Accedences for CMS.                                  requirements.
63.11..............................  Control Device          No.........................  Subpart TTTTT does not
                                      Requirements.                                        require flares.
63.12..............................  State Authority and     Yes.
                                      Delegations.

[[Page 58629]]

 
63.13-63.15........................  Addresses,              Yes.
                                      Incorporation by
                                      Reference,
                                      Availability of
                                      Information.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-22447 Filed 10-9-03; 8:45 am]
BILLING CODE 6560-50-P