[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Pages 53980-53986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20128]



[[Page 53979]]

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Part III





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Secondary 
Aluminum Production; Direct Final Rule and Proposed Rule

  Federal Register / Vol. 69, No. 171 / Friday, September 3, 2004 / 
Rules and Regulations  

[[Page 53980]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0084; FRL-7808-2]


National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: On March 23, 2000, EPA promulgated national emission standards 
for hazardous air pollutants (NESHAP) for secondary aluminum production 
under section 112 of the Clean Air Act (CAA), and on September 24, 
2002, and on December 30, 2002, we published final amendments to the 
standards based on two separate settlement agreements. These amendments 
further clarify regulatory text, correct errors, and improve 
understanding of the rule requirements as promulgated. We are making 
the amendments by direct final rule, without prior proposal, because we 
view the revisions as noncontroversial and anticipate no adverse 
comments.

DATES: This direct final rule is effective on November 2, 2004 without 
further notice, unless EPA receives adverse written comment by October 
4, 2004 or if a public hearing is requested by September 13, 2004. If 
EPA receives such comments, it will publish a timely withdrawal in the 
Federal Register indicating which provisions will become effective and 
which provisions are being withdrawn due to adverse comment.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2002-0084. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., confidential 
business information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in EDOCKET or in hard copy at the Air 
and Radiation Docket and Information Center, EPA/DC, EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The 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 Public Reading 
Room is (202) 566-1744, and the telephone number for the Air and 
Radiation Docket and Information Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Wood, P.E., U.S. EPA, 
Minerals and Inorganic Chemicals Group (C-504-05), Emission Standards 
Division, Office of Air Quality Planning and Standards, Research 
Triangle Park, North Carolina 27711, telephone number (919) 541-5446, 
facsimile number (919) 541-5600, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. This action does not 
affect the applicability of the existing rule as amended on December 
30, 2002 (67 FR 79808). Categories and entities potentially regulated 
by this action include:

------------------------------------------------------------------------
                        NAICS
       Category          \1\         Examples of regulated entities
------------------------------------------------------------------------
Industry.............   331314  Secondary smelting and alloying of
                                 aluminum facilities.
                                Secondary aluminum production facility
                                 affected sources that are collocated
                                 at:
                        331312  Primary aluminum production facilities.
                        331315  Aluminum sheet, plate, and foil
                                 manufacturing facilities.
                        331316  Aluminum extruded product manufacturing
                                 facilities.
                        331319  Other aluminum rolling and drawing
                                 facilities.
                        331521  Aluminum die casting facilities.
                        331524  Aluminum foundry facilities.
------------------------------------------------------------------------
\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.  63.1500 of the 
secondary aluminum production NESHAP. 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's correcting amendments will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following signature, a copy of this action will be posted on the TTN's 
policy and guidance page for newly proposed rules 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 regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Comments. We are publishing the direct final rule without prior 
proposal because we view the amendments as noncontroversial and do not 
anticipate adverse comments. We consider the changes to be 
noncontroversial because we are correcting errors in equations to 
ensure that the proper units are used; correcting typographical and 
printing errors; making minor changes for clarification and consistency 
within the rule; and eliminating an erroneous reference to a reporting 
requirement. However, in the Proposed Rules section of this Federal 
Register, we are publishing a separate document that will serve as the 
proposal in the event that timely and significant adverse comments are 
received.
    If we receive any relevant adverse comments on the amendments, we 
will publish a timely withdrawal in the Federal Register informing the 
public which provisions will become effective and which provisions are 
being withdrawn due to adverse comment. We will address all public 
comments in a subsequent final rule based on the proposed rule. Any of 
the distinct amendments in the direct final rule for which we do not 
receive adverse comment will become effective on the date set out 
above. We will not institute a second comment period on the direct 
final rule. Any parties interested in commenting must do so at this 
time.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule is available only by filing a petition 
for review in the U.S. Court of Appeals for the District of Columbia 
Circuit by November 2, 2004. Under section 307(d)(7)(B) of the CAA, 
only an objection to the direct final rule that was raised with 
reasonable specificity during the period for public

[[Page 53981]]

comment can be raised during judicial review. Moreover, under section 
307(b)(2) of the CAA, the requirements established by the direct final 
rule may not be challenged separately in any civil or criminal 
proceedings brought by the EPA to enforce these requirements.
    Outline. The following outline is provided to aid in reading this 
preamble to this direct final rule.

I. Background
II. Amendments to the NESHAP
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    On March 23, 2000 (63 FR 15690), we promulgated the NESHAP for 
secondary aluminum production (40 CFR part 63, subpart RRR). Those 
standards were established under the authority of section 112(d) of the 
CAA to reduce emissions of hazardous air pollutants (HAP) from major 
and area sources.
    After promulgation of the NESHAP for secondary aluminum production, 
two petitions for judicial review of the standards were filed in the 
D.C. Circuit Court of Appeals. The first of these petitions was filed 
by the American Foundrymen's Society, the North American Die Casting 
Association, and the Non-Ferrous Founders' Society (American 
Foundrymen's Society et al. v. U.S. EPA, Civ. No 00-1208 (D.C. Cir.)). 
A second petition for judicial review was filed by the Aluminum 
Association (The Aluminum Association v. U.S. EPA, No. 00-1211 (D.C. 
Cir.)). There was no significant overlap in the issues presented by the 
two petitions, and the cases have never been consolidated. However, we 
did thereafter enter into separate settlement discussions with the 
petitioners in each case.
    The Foundrymen's case presented issues concerning the applicability 
of 40 CFR part 63, subpart RRR, to aluminum die casters and aluminum 
foundries which were considered during the initial rulemaking 
development. Because aluminum die casters and foundries sometimes 
conduct the same type of operations as other secondary aluminum 
producers, we originally intended to apply the standards to those 
facilities, but only in those instances where they conduct such 
operations. However, representatives of the affected facilities argued 
that they should not be considered to be secondary aluminum producers 
and should be wholly exempt from the secondary aluminum production 
NESHAP. During the rulemaking development, we decided to permit die 
casters and foundries to melt contaminated internal scrap without being 
considered to be secondary aluminum producers, but their 
representatives insisted that too many facilities would still be 
subject to the NESHAP. At promulgation of the standards, in response to 
a request by the die casters and foundries, we announced we would 
withdraw the standards as applied to die casters and foundries and 
develop separate maximum achievable control technology (MACT) standards 
for those facilities.
    After the Foundrymen's case was filed, we negotiated an initial 
settlement agreement in that case which established a process to 
effectuate our commitment to develop new MACT standards. In that 
initial settlement, EPA agreed that it would stay the current standards 
for those facilities, collect comprehensive data to support alternate 
standards, and promulgate alternate standards. We then published a 
proposal to stay the standards for those facilities (65 FR 55491, 
September 14, 2000) and an advance notice of proposed rulemaking (ANPR) 
announcing new standards for aluminum die casters and foundries (65 FR 
55489, September 14, 2000).
    During the subsequent process of preparing for information 
collection, the petitioners concluded that the existing standards were 
not as sweeping in applicability as they had feared, and the parties 
then agreed to explore an alternate approach to settlement based on 
clarifications of the existing standards. We subsequently reached 
agreement with the Foundrymen's petitioners on a new settlement which 
entirely supplanted the initial settlement. Accordingly, we published a 
notice withdrawing the proposed stay of the existing standards for 
aluminum die casters and foundries and announcing that we would take no 
further action on new standards for those facilities (67 FR 41138, June 
14, 2002).
    In the new settlement, we agreed to propose some changes in the 
applicability provisions of the existing standards concerning aluminum 
die casters and foundries. The changes included permitting customer 
returns without paints or solid coatings to be treated like internal 
scrap, and permitting facilities operated by the same company at 
different locations to be aggregated for purposes of determining what 
is internal scrap. The revisions of the applicability criteria were 
proposed on June 14, 2002 (67 FR 41125) and adopted on December 30, 
2002 (67 FR 79808).
    In the new Foundrymen's settlement, we also agreed to defer the 
compliance date for new sources constructed or reconstructed at 
existing aluminum die casters, foundries, and extruders until the 
compliance date for existing sources so that the rulemaking on general 
applicability issues could be completed first. We took final action 
concerning that element of the new Foundrymen's settlement in a final 
rule published on September 24, 2002 (67 FR 59787).
    In entirely separate discussions, we also agreed on a settlement of 
the Aluminum Association case. That settlement required that we propose 
a number of substantive clarifications and revisions of the standards, 
which were also adopted in the final rule on December 30, 2002 (67 FR 
79808). The Aluminum Association settlement also required that we 
clarify and simplify the compliance dates for the standards and defer 
certain early compliance obligations which might otherwise come due 
during the rulemaking process. We took final action concerning those 
compliance issues in the final rule published on September 24, 2002 (67 
FR 59787).

II. Amendments to the NESHAP

    Today's direct final amendments revise the secondary aluminum 
production NESHAP (40 CFR part 63, subpart RRR) as follows:
     In Sec.  63.1503, we are deleting the definition of 
``Internal runaround'' and replacing it with the definition of 
``Runaround scrap.''
     In Sec.  63.1506, we are including units for emissions of 
dioxin/furans (D/F) to clarify that the requirements for measurement of 
feed/charge weight apply to facilities subject to emission limits for 
D/F, as well as emission limits for other pollutants. The proper units 
for measurement of D/F emissions for the standards are micrograms per 
megagram ([mu]g/Mg) or grains per ton (gr/ton). We are also amending 
the operating requirement for dross-only furnaces in Sec.  
63.1506(i)(3) to be consistent with the definition for this type of 
furnace in Sec.  63.1503. The revised requirement states that the owner 
or

[[Page 53982]]

operator must operate each furnace using dross and salt flux as the 
sole feedstock.
     In Equation 4 of Sec.  63.1510, we are amending the 
definition of ``Ti'' (the total amount of feed or aluminum 
produced for the emission unit for the 24-hour period) in paragraph 
(t)(4) to state the proper units. Because ``ERi'' (the 
measured emission rate for the unit) can be either pounds per ton (lb/
ton) or [mu]g/Mg, the definition of ``Ti'' should be in 
units of tons or Mg instead of only tons.
     In Sec.  63.1512, we are amending paragraph (g) to state 
that the testing for dross-only furnaces is to be performed while the 
unit processes only dross and salt flux. This change will make the 
testing requirement consistent with the definition of ``dross-only 
furnace.''
     In Sec.  63.1513, we are amending Equation 7 to apply only 
to particulate matter (PM) and hydrogen chloride (HCl) emissions and 
adding a separate equation (7A) for computing D/F emissions in the 
appropriate measurement units for the standards ([mu]g/Mg or gr/ton). 
This change will avoid confusion that may result from the differences 
in measurement units for D/F and PM or HCl.
     In Sec.  63.1516, we are amending the requirements for the 
semiannual excess emissions/summary report such that the owner or 
operator must submit semiannual reports according to the requirements 
in Sec.  63.10(e)(3), but the reports are due within 60 days after the 
end of each 6-month period instead of within 30 days after the calendar 
half as required by Sec.  63.10(e)(3)(v). When no deviations of 
parameters have occurred, the owner or operator must submit a report 
stating that no excess emissions occurred during the reporting period. 
We are also amending the certification requirements for dross-only 
furnaces in Sec.  63.1516(b)(2)(ii) to state that only dross and salt 
flux were used as the charge material during the reporting period. This 
change will make the certification statement consistent with the 
definition of ``dross-only furnace.''
     In table 2 to subpart RRR, we are correcting a 
typographical error and revising the measurement units cited for the 
flux injection rate. The revised units for the flux injection rate are 
kilograms per megagram (kg/Mg) or (lb/ton) rather than pound per hour 
(lb/hr).
    The direct final amendments correct a typographical error in table 
3 to subpart RRR, revise the table of contents to correct typographical 
and printing errors, and also revise appendix A to subpart RRR (General 
Provisions Applicability to Subpart RRR) to add a note in the comment 
column.

III. 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 direct final amendments are not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and are therefore not subject to OMB review.

B. Paperwork Reduction Act

    The OMB has previously approved the information collection 
requirements in the existing rule (subpart RRR) under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB 
control number 2060-0433. The direct final amendments have no impact on 
the existing information collection burden estimates. Consequently, the 
ICR has not been revised.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in conjunction with the direct final 
amendments. The EPA has also determined that the amendments will not 
have a significant economic impact on a substantial number of small 
entities and do not pose any requirements or costs on any firm, large 
or small. Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's direct final 
amendments on small entities, a small entity is defined as: (1) A small 
business whose parent company has fewer than 500 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; or (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 direct final 
amendments on small entities, the EPA has concluded that this action 
will not have a significant economic impact on a substantial number of 
small entities.

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.

[[Page 53983]]

    This action contains no Federal mandates (under the regulatory 
provisions of title II of the UMRA) for State, local, or tribal 
governments. The EPA has determined that the direct final amendments do 
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. No costs are 
attributable to the amendments. In addition, the amendments do not 
significantly or uniquely affect small governments because they contain 
no requirements that apply to such governments or impose obligations 
upon them. Therefore, the requirements of the UMRA do not apply to the 
direct final amendments.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the EPA consults with State and local officials early in the 
process of developing the proposed regulation.
    The direct final amendments do not have federalism implications. 
They do not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. None of the affected 
plants are owned or operated by State governments. Thus, the 
requirements of section 6 of the Executive Order do not apply to the 
direct final amendments.

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

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

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, we 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.
    We interpret 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 direct final amendments 
are not subject to Executive Order 13045 because the existing rule is 
based on technology performance and not on health or safety risks.

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

    The direct final amendments are not subject to Executive Order 
13211 (66 FR 28355, May 22, 2001) because they are not a significant 
regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C 272 note), directs 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 bodies. The NTTAA requires 
Federal agencies to provide Congress, through annual reports to OMB, 
with explanations when an agency does not use available and applicable 
voluntary consensus standards.
    The EPA's response to the NTTAA requirements are discussed in the 
preamble to the final rule (65 FR 15690, March 23, 2000). The direct 
final amendments do not change the required methods or procedures.

J. Congressional Review Act

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

List of Subjects in 40 CFR Part 63

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

    Dated: August 25, 2004.
Michael O. Leavitt,
Administrator.

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

PART 63--[AMENDED]

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


[[Page 53984]]


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

Subpart RRR--[Amended]


Sec.  63.1503  [Amended]

0
2. Section 63.1503 is amended by removing the definition for the term, 
``Internal runaround.''

0
3. Section 63.1506 is amended by revising paragraphs (d) and (i)(3) to 
read as follows:


Sec.  63.1506  Operating requirements.

* * * * *
    (d) Feed/charge weight. The owner or operator of each affected 
source or emission unit subject to an emission limit in kg/Mg (lb/ton) 
or [mu]g/Mg (gr/ton) of feed/charge must:
* * * * *
    (i) * * *
    (3) Operate each furnace using dross and salt flux as the sole 
feedstock.
* * * * *

0
4. Section 63.1510 is amended by revising the definition of ``Ti'' for 
Equation 4 in paragraph (t)(4) to read as follows:


Sec.  63.1510  Monitoring requirements.

* * * * *
    (t) * * *
    (4) * * *

Where:
* * * * *
Ti = The total amount of feed, or aluminum produced, for emission unit 
i for the 24-hour period (tons or Mg);
* * * * *

0
5. Section 63.1512 is amended by revising paragraph (g) to read as 
follows:


Sec.  63.1512  Performance test/compliance demonstration requirements 
and procedures.

* * * * *
    (g) Dross-only furnace. The owner or operator must conduct a 
performance test to measure emissions of PM from each dross-only 
furnace at the outlet of each control device while the unit processes 
only dross and salt flux as the sole feedstock.
* * * * *

0
6. Section 63.1513 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.1513  Equations for determining compliance.

* * * * *
    (b) PM, HCl and D/F emission limits. (1) Use Equation 7 of this 
section to determine compliance with an emission limit for PM or HCl:
[GRAPHIC] [TIFF OMITTED] TR03SE04.018

Where:

E = Emission rate of PM or HCl, kg/Mg (lb/ton) of feed;
C = Concentration of PM or HCl, g/dscm (gr/dscf);
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr);
K1 = Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr); and
P = Production rate, Mg/hr (ton/hr).


    (2) Use Equation 7A of this section to determine compliance with an 
emission limit for D/F:
[GRAPHIC] [TIFF OMITTED] TR03SE04.019

Where:

E = Emission rate of D/F, [mu]g/Mg (gr/ton) of feed;
C = Concentration of D/F, [mu]g/dscm (gr/dscf);
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr); and
P = Production rate, Mg/hr (ton/hr).
* * * * *

0
7. Section 63.1516 is amended by revising the introductory text of 
paragraph (b) and paragraph (b)(2)(ii) to read as follows:


Sec.  63.1516  Reports.

* * * * *
    (b) Excess emissions/summary report. The owner or operator must 
submit semiannual reports according to the requirements in Sec.  
63.10(e)(3). Except, the owner or operator must submit the semiannual 
reports within 60 days after the end of each 6-month period instead of 
within 30 days after the calendar half as specified in Sec.  
63.10(e)(3)(v). When no deviations of parameters have occurred, the 
owner or operator must submit a report stating that no excess emissions 
occurred during the reporting period.
* * * * *
    (2) * * *
    (ii) For each dross-only furnace: ``Only dross and salt flux were 
used as the charge materials in any dross-only furnace during this 
reporting period.''
* * * * *

0
8. Table 2 to Subpart RRR of Part 63 is amended by revising the 
following ``Group 1 furnace'' entries to read as follows:

  Table 2 to Subpart RRR of Part 63.--Summary of Operating Requirements
        for New and Existing Affected Sources and Emission Units
------------------------------------------------------------------------
  Affected source/emission        Monitor type/           Operating
            unit                operation/process       requirements
------------------------------------------------------------------------
 
                              * * * * * * *
Group 1 furnace with lime-    Bag leak detector or  Initiate corrective
 injected fabric filter                              action within 1-hr
 (including those that are                           of alarm; operate
 part of a secondary of                              such that alarm
 aluminum processing unit)..                         does not sound more
                                                     than 5% of
                                                     operating time in 6-
                                                     month period;
                                                     complete corrective
                                                     action in
                                                     accordance with the
                                                     OM&M plan.b
                              COM.................  Initiate corrective
                                                     action within 1-hr
                                                     of a 6-minute
                                                     average opacity
                                                     reading of 5% or
                                                     more; complete
                                                     corrective action
                                                     in accordance with
                                                     the OM&M plan.b
                              Fabric filter inlet   Maintain average
                               temperature.          fabric filter inlet
                                                     temperature for
                                                     each 3-hour period
                                                     at or below average
                                                     temperature during
                                                     the performance
                                                     test +14[deg]C
                                                     (+25[deg] F).
                              Reactive flux         Maintain reactive
                               injection rate.       flux injection rate
                                                     (kg/Mg) (lb/ton) at
                                                     or below rate used
                                                     during the
                                                     performance test
                                                     for each furnace
                                                     cycle.

[[Page 53985]]

 
                              Lime injection rate.  Maintain free-
                                                     flowing lime in the
                                                     feed hopper or silo
                                                     at all times for
                                                     continuous
                                                     injection systems;
                                                     maintain feeder
                                                     setting at level
                                                     established at
                                                     performance test
                                                     for continuous
                                                     injection systems.
                              Maintain molten       Operate sidewell
                               aluminum level.       furnaces such that
                                                     the level of molten
                                                     metal is above the
                                                     top of the passage
                                                     between sidewell
                                                     and hearth during
                                                     reactive flux
                                                     injection, unless
                                                     the hearth is also
                                                     controlled.
                              Fluxing in sidewell   Add reactive flux
                               furnace hearth.       only to the
                                                     sidewell of the
                                                     furnace unless the
                                                     hearth is also
                                                     controlled.
Group 1 furnace without add-  Reactive flux         Maintain reactive
 on controls (including        injection rate.       flux injection rate
 those that are part of a                            (kg/Mg) (lb/ton) at
 secondary aluminum                                  or below rate used
 processing unit).                                   during the
                                                     performance test
                                                     for each operating
                                                     cycle or time
                                                     period used in the
                                                     performance test.
                              Site-specific         Operate furnace
                               monitoring planc.     within the range of
                                                     charge materials,
                                                     contaminant levels,
                                                     and parameter
                                                     values established
                                                     in the site-
                                                     specific monitoring
                                                     plan.
                              Feed material         Use only clean
                               (melting/holding      charge.
                               furnace).
 
                             * * * * * * *
------------------------------------------------------------------------
a * * *
b OM&M plan--Operation, maintenance, and monitoring plan.
c Site-specific monitoring plan. Owner/operators of group 1 furnaces
  without control devices must include a section in their OM&M plan that
  documents work practice and pollution prevention measures, including
  procedures for scrap inspection, by which compliance is achieved with
  emission limits and process or feed parameter-based operating
  requirements. This plan and the testing to demonstrate adequacy of the
  monitoring plan must be developed in coordination with and approved by
  the permitting authority.


0
9. Table 3 to Subpart RRR of Part 63 is amended by revising the ``Scrap 
dryer'' entry to read as follows:

Table 3.--to Subpart RRR of Part 63.--Summary of Monitoring Requirements
        for New and Existing Affected Sources and Emission Units
------------------------------------------------------------------------
                                     Monitor type/        Monitoring
  Affected source/emission unit    operation/process     requirements.
------------------------------------------------------------------------
 
                              * * * * * * *
Scrap dryer/delacquering kiln/    Afterburner         Continuous
 decoating kiln with afterburner   operating           measurement
 and lime-injected fabric filter.  temperature..       device to meet
                                                       specifications in
                                                       Sec.
                                                       63.1510(g)(1);
                                                       record
                                                       temperature for
                                                       each 15-minute
                                                       block; determine
                                                       and record 3-hr
                                                       block averages.
                                  Afterburner         Annual inspection
                                   operation.          of afterburner
                                                       internal parts;
                                                       complete repairs
                                                       in accordance
                                                       with the OM&M
                                                       plan.
                                  Bag leak detector   Install and
                                   or.                 operate in
                                                       accordance with
                                                       ``Fabric Filter
                                                       Bag Leak
                                                       Detection
                                                       Guidance c;
                                                       record voltage
                                                       output from bag
                                                       leak detector.
                                  COM...............  Design and Install
                                                       in accordance
                                                       with PS-1;
                                                       collect data in
                                                       accordance with
                                                       subpart A of 40
                                                       CFR part 63;
                                                       determine and
                                                       record 6-minute
                                                       block averages.
                                  Lime injection      For continuous
                                   rate.               injection
                                                       systems, inspect
                                                       each feed hooper
                                                       or silo every 8
                                                       hours to verify
                                                       that lime is free
                                                       flowing; record
                                                       results of each
                                                       inspection. If
                                                       blockage occurs,
                                                       inspect every 4
                                                       hours for 3 days;
                                                       return to 8-hour
                                                       inspections if
                                                       corrective action
                                                       results in no
                                                       further blockage
                                                       during 3-day
                                                       period, record
                                                       feeder setting
                                                       daily.
                                  Fabric filter       Continous
                                   inlet               measurement
                                   temperature..       device to meet
                                                       specifications in
                                                       Sec.
                                                       63.1510(h)(2);
                                                       record
                                                       temperatures in
                                                       15-minute block
                                                       averages;
                                                       determine and
                                                       record 3-hr block
                                                       averages.
 
                             * * * * * * *
------------------------------------------------------------------------
a * * *
b OM&M plan--Operation, maintenance, and monitoring plan.

[[Page 53986]]

 
c Site-specific monitoring plan. Owner/operators of group 1 furnaces
  without control devices must include a section in their OM&M plan that
  documents work practice and pollution prevention measures, including
  procedures for scrap inspection, by which compliance is achieved with
  emission limits and process or feed parameter-based operating
  requirements. This plan and the testing to demonstrate adequacy of the
  monitoring plan must be developed in coordination with and approved by
  the permitting authority.


0
10. Appendix A to Subpart RRR of Part 63 is amended by revising the 
entry for Sec.  63.10(e)(3) to read as follows:

Appendix A to Subpart RRR--General Provisions Applicability to Subpart 
RRR

----------------------------------------------------------------------------------------------------------------
                                                                                   Applies to
           Citation                               Requirement                         RRR            Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.10(e)(3)............  Excess Emissions/CMS Performance Reports.......  Yes..........  Reporting
                                                                                                 deadline given
                                                                                                 in Sec.
                                                                                                 63.1516.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 04-20128 Filed 9-2-04; 8:45 am]
BILLING CODE 6560-50-P