[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Notices]
[Pages 70383-70392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20440]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8250-5]


Recent Posting to the Applicability Determination Index (ADI) 
Database System of Agency Applicability Determinations, Alternative 
Monitoring Decisions, and Regulatory Interpretations Pertaining to 
Standards of Performance for New Stationary Sources, National Emission 
Standards for Hazardous Air Pollutants, and the Stratospheric Ozone 
Protection Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: This notice announces applicability determinations, 
alternative monitoring decisions, and regulatory interpretations that 
EPA has made under the New Source Performance Standards (NSPS); the 
National Emission Standards for Hazardous Air Pollutants (NESHAP); and 
the Stratospheric Ozone Protection Program.

FOR FURTHER INFORMATION CONTACT: An electronic copy of each complete 
document posted on the Applicability Determination Index (ADI) database 
system is available on the Internet through the Office of Enforcement 
and Compliance Assurance (OECA) Web site at: http://www.epa.gov/compliance/monitoring/programs/caa/adi.html. The document may be 
located by date, author, subpart, or subject search. For questions 
about the ADI or this notice, contact Maria Malave at EPA by phone at: 
(202) 564-7027, or by e-mail at: [email protected]. For technical 
questions about the individual applicability determinations or 
monitoring decisions, refer to the contact person identified in the 
individual documents, or in the absence of a contact person, refer to 
the author of the document.

SUPPLEMENTARY INFORMATION:

Background

    The General Provisions to the NSPS in 40 CFR part 60 and the NESHAP 
in 40 CFR part 61 provide that a source owner or operator may request a 
determination of whether certain intended actions constitute the 
commencement of construction, reconstruction, or modification. EPA's 
written responses to these inquiries are broadly termed applicability 
determinations. See 40 CFR 60.5 and 61.06. Although the 40 CFR part 63 
NESHAP and section 111(d) of the Clean Air Act (CAA) regulations 
contain no specific regulatory provision that sources may request 
applicability determinations, EPA does respond to written inquiries 
regarding applicability for the 40 CFR part 63 and section 111(d) of 
the CAA programs. The NSPS and NESHAP also allow sources to seek 
permission to use monitoring or recordkeeping which is different from 
the promulgated requirements. See 40 CFR 60.13(i), 61.14(g), 
63.8(b)(1), 63.8(f), and 63.10(f). EPA's written responses to these 
inquiries are broadly termed alternative monitoring decisions. 
Furthermore, EPA responds to written inquiries about the broad range of 
NSPS and NESHAP regulatory requirements as they pertain to a whole 
source category. These inquiries may pertain, for example, to the type 
of sources to which the regulation applies, or to the testing, 
monitoring, recordkeeping or reporting requirements contained in the 
regulation. EPA's written responses to these inquiries are broadly 
termed regulatory interpretations.
    EPA currently compiles EPA-issued NSPS and NESHAP applicability 
determinations, alternative monitoring decisions, and regulatory 
interpretations, and posts them on the Applicability Determination 
Index (ADI) on a quarterly basis. In addition, the ADI contains EPA-
issued responses to requests pursuant to the stratospheric ozone 
regulations, contained in 40 CFR part 82. The ADI is an electronic 
index on the Internet with over one thousand EPA letters and memoranda 
pertaining to the applicability, monitoring, recordkeeping, and 
reporting requirements of the NSPS and NESHAP. The letters and 
memoranda may be searched by date, office of issuance, subpart, 
citation, control number or by string word searches.
    Today's notice comprises a summary of 63 such documents added to 
the ADI on November 10, 2006. The subject, author, recipient, date and 
header of each letter and memorandum are listed in this notice, as well 
as a brief abstract of the letter or memorandum. Complete copies of 
these documents may be obtained from the ADI through the OECA Web site 
at: http://www.epa.gov/compliance/monitoring/programs/caa/adi.html.
    The following table identifies the database control number for each 
document posted on the ADI database system on November 10, 2006; the 
applicable category; the subpart(s) of 40 CFR part 60, 61, or 63 (as 
applicable) covered by the document; and the title of the document, 
which provides a brief description of the subject matter. We have also 
included an abstract of each document identified with its control 
number after the table. These abstracts are provided solely to alert 
the public to possible items of interest and are not intended as 
substitutes for the full text of the documents.

----------------------------------------------------------------------------------------------------------------
          Control                      Category                     Subpart                      Title
----------------------------------------------------------------------------------------------------------------
0600001....................  NSPS.......................  Dc........................  Alternative Fuel
                                                                                       Monitoring.
0600002....................  NSPS.......................  BB........................  Exemption from TRS
                                                                                       Standard for Brown Stock
                                                                                       Washer.
0600003....................  NSPS.......................  BB........................  Alternative Monitoring for
                                                                                       Scrubber.
0600004....................  NSPS.......................  Db, Dc....................  Fuel Supplier
                                                                                       Certification Statements.
0600006....................  NSPS.......................  J.........................  Alternative Monitoring
                                                                                       Plan for a Catalytic
                                                                                       Cracking Unit.
0600007....................  NSPS.......................  J.........................  Alternative Monitoring
                                                                                       Plan for a Flare.
0600008....................  NSPS.......................  AAa.......................  Alterations to an Electric
                                                                                       Arc Furnace.
0600082....................  NSPS.......................  A, J......................  Alternative Monitoring
                                                                                       Plan for Hydrogen
                                                                                       Production Facility.
M060001....................  MACT.......................  MMM.......................  Compliance Test Waiver
                                                                                       Request.
M060002....................  MACT.......................  MMMM......................  Post Vulcanized Rubber-to-
                                                                                       Metal Parts Bonding.

[[Page 70384]]

 
M060003....................  MACT.......................  DDDDD.....................  Common Duct Testing and
                                                                                       Acid Rain Program Opt-in.
M060004....................  MACT.......................  DDDDD.....................  Firetube Boilers.
M060005....................  MACT.......................  EEE.......................  Liquid-to-Gas Ratio
                                                                                       Operating Parameter
                                                                                       Limit.
M060006....................  MACT.......................  IIII......................  Use of Previously
                                                                                       Conducted Transfer
                                                                                       Efficiency Test.
M060007....................  MACT.......................  MM........................  Alternative Monitoring for
                                                                                       Scrubber.
M060008....................  MACT.......................  A, EEE....................  Alternative Monitoring
                                                                                       Locations and Parameters.
M060009....................  MACT.......................  A, EEE....................  Alternative Monitoring
                                                                                       Plan for Hazardous Waste
                                                                                       Combustor.
Z060001....................  NESHAP.....................  FF, V.....................  Alternative Monitoring
                                                                                       Plan for Dual Purpose
                                                                                       Valves.
0600009....................  NSPS.......................  WWW.......................  Landfill Gas Processing
                                                                                       System as Treatment.
0600010....................  NSPS.......................  WWW.......................  Landfill Gas Processing
                                                                                       System as Treatment.
0600011....................  NSPS.......................  WWW.......................  Landfill Gas Processing
                                                                                       System as Treatment.
0600012....................  NSPS.......................  WWW.......................  Landfill Gas Processing
                                                                                       System as Treatment.
0600013....................  NSPS.......................  WWW.......................  Landfill Gas Processing
                                                                                       System as Treatment.
0600014....................  NSPS.......................  WWW.......................  Temperature Monitors in
                                                                                       Gas Turbines.
0600015....................  NSPS.......................  VV........................  Liquid Urea Manufacturing
                                                                                       Operations.
A060001....................  Asbestos...................  M.........................  Demolition under Control
                                                                                       of Same Owner or
                                                                                       Operator.
A060002....................  Asbestos...................  M.........................  Removal of Floor Mastic
                                                                                       Using a Mechanical
                                                                                       Buffer.
A060003....................  Asbestos...................  M.........................  Applicability of 260
                                                                                       Linear Feet Requirement.
A060004....................  Asbestos...................  M.........................  Test Method for Spray-
                                                                                       applied Acoustical
                                                                                       Materials.
A060005....................  Asbestos...................  M.........................  Regulated Asbestos
                                                                                       Containing Material.
A060006....................  Asbestos...................  M.........................  Meaning of Preclude Access
                                                                                       and Dripping.
M060010....................  MACT.......................  HH, HHH...................  Clarification of Ownership
                                                                                       and Co-location.
M060011....................  MACT.......................  NNN.......................  Metal Building Insulation.
M060012....................  MACT.......................  MMMM......................  Post Vulcanized Rubber-to-
                                                                                       Metal Parts Bonding.
M060013....................  MACT.......................  PPP.......................  Use of Tetrahydrofuran
                                                                                       (THF) as Raw Material.
M060014....................  MACT.......................  H.........................  Nitrile Stripper Column
                                                                                       System.
M060015....................  MACT.......................  FFFF, HHHHH...............  Non-Dedicated Mixing
                                                                                       Vessels.
0600016....................  NSPS.......................  A, G......................  Modification of Nitric
                                                                                       Acid Plant.
0600017....................  NSPS.......................  UUU.......................  Tile Dryers.
0600018....................  NSPS.......................  SS........................  Coating of Dishwasher
                                                                                       Racks.
0600019....................  NSPS.......................  A, KKKK...................  Commencement of
                                                                                       Construction.
0600020....................  NSPS.......................  UUU.......................  Opacity Monitoring
                                                                                       Exemption.
0600021....................  NSPS.......................  A, KKKK...................  Commencement of
                                                                                       Construction.
0600022....................  NSPS.......................  Dc........................  Reporting Frequency
                                                                                       Requirements.
0600023....................  NSPS.......................  OOO.......................  Air Classifiers.
0600024....................  NSPS.......................  UUU.......................  Titanium Dioxide Ore
                                                                                       Dryers and Product
                                                                                       Dryers.
0600025....................  NSPS.......................  A, D......................  State Monitoring
                                                                                       Requirements in Lieu of
                                                                                       40 CFR Part 60.
0600026....................  NSPS.......................  Dc........................  Alternative Opacity
                                                                                       Monitoring.
0600027....................  NSPS.......................  A, CC.....................  Modification and Capital
                                                                                       Expenditure Calculations.
0600028....................  NSPS.......................  A, CC.....................  Modification and Capital
                                                                                       Expenditure Calculations.
0600029....................  NSPS.......................  A.........................  SIP-mandated Expenditures
                                                                                       and Reconstruction.
M060016....................  MACT.......................  G.........................  Once In/Always In Rule.
M060017....................  MACT.......................  YY........................  Dry Spinning Spandex
                                                                                       Production Process Units.
M060018....................  MACT.......................  HHHHH, MMMM...............  Coating of Test Panels Not
                                                                                       Used in Final Product.
M060019....................  MACT.......................  MM........................  Alternative Monitoring of
                                                                                       Smelt Dissolving Tank
                                                                                       Scrubber.
M060020....................  MACT.......................  JJJJ, OOOO................  Point of Determination for
                                                                                       Group of Coating Lines.
M060021....................  MACT.......................  NNNNN.....................  Alternative Monitoring
                                                                                       Plan for HCL Scrubber.
M060022....................  MACT.......................  S.........................  Alternative Monitoring
                                                                                       Parameters for a Dual
                                                                                       Control System.
M060023....................  MACT.......................  S.........................  Clean Condensate
                                                                                       Alternative & Creditable
                                                                                       Reductions.
M060024....................  MACT.......................  S.........................  Applicability of White
                                                                                       Liquor Oxidation System.
M060025....................  MACT.......................  EEEEE.....................  Molding and Core Making.
M060026....................  MACT.......................  S.........................  Clean Condensate
                                                                                       Alternative & Creditable
                                                                                       Reductions.
Z060003....................  NESH.......................  FF........................  Benzene Emissions from
                                                                                       Exchange Leaks.
----------------------------------------------------------------------------------------------------------------

Summary of Headers and Abstracts

Abstracts

Abstract for [A060001]
    Q: Are residential structures that are demolished as part of a 
larger project, such as highway expansion, subject to the asbestos 
requirements under 40 CFR part 61, subpart M?
    A: Yes. EPA finds, pursuant to 40 CFR 61.145, that if two or more 
residences under the control of the same owner or operator are part of 
a larger demolition project, such as highway expansion, they are 
subject to the asbestos regulation, NESHAP subpart M.
Abstract for [A060002]
    Q1: Is floor mastic a Category 1 asbestos-containing material under 
40 CFR part 61, subpart M?
    A1: No. EPA finds that floor mastic is not a Category 1 asbestos-
containing material under the Asbestos NESHAP. However, pursuant to 40 
CFR 61.141, it is a Category II asbestos-containing material.
    Q2: Does the use of a mechanical buffer with an abrasive pad on 
floor mastic cause the floor mastic to become friable, and thus a 
Regulated Asbestos-Containing Material (RACM) under 40 CFR part 61, 
subpart M?
    A2: Yes. EPA finds that pursuant to 40 CFR 61.141, the use of a 
mechanical buffer with an abrasive pad causes floor mastic to become 
friable and, thus, it is considered a RACM under the asbestos NESHAP.
Abstract for [A060003]
    Q: Does the regulatory threshold of 260 linear feet on pipes apply 
to caulking and roof flashing materials that qualify as regulated 
asbestos-containing material (RACM) under 40 CFR part 61, subpart M?
    A: No. EPA finds the 260 linear feet threshold is applicable only 
to pipes

[[Page 70385]]

under the asbestos NESHAP. Other materials, such as caulking or roof 
flashing, are subject to the 160 square foot standard as specified in 
40 CFR 61.145.
Abstract for [A060004]
    Q1: Has EPA issued guidance specifically about spray-applied 
acoustical materials under 40 CFR part 61, subpart M?
    A1: No. EPA has not issued guidance under the asbestos NESHAP 
specifically about spray-applied acoustical materials.
    Q2: Does EPA recommend that the public assure spray-applied 
acoustical materials to contain asbestos without testing, and, what 
method(s) should be used to test these materials under 40 CFR part 61, 
subpart M?
    A2: No. EPA is not recommending that the public assure spray-
applied acoustical materials to contain asbestos without testing. In 
regards to testing spray-applied acoustical materials, Polarized Light 
Microscopy (PLM) is specified in 40 CFR part 63 as the approved testing 
method; however, Transmission Electron Microscopy (TLM) is also an 
acceptable method.
Abstract for [A060005]
    Q: Does 40 CFR part 61, subpart M, require that all asbestos-
containing materials be removed before the demolition of a facility?
    A: No. The asbestos NESHAP does not require all asbestos-containing 
materials to be removed before demolition. However, all Regulated 
Asbestos Containing Material (RACM) must be removed from a facility 
being demolished or renovated before any activity begins that would 
break up, dislodge, or similarly disturb the material or preclude 
access to the material for subsequent removal.
Abstract for [A060006]
    Q: Could EPA clarify the meaning of the words ``preclude access'' 
and ``dropping'' in 40 CFR 61.145(c)(1) and 61.145(c)(6) of the 
asbestos NESHAP, subpart M?
    A: EPA finds that the use of the term ``preclude access'' in 40 CFR 
61.145(c)(1) of the asbestos NESHAP is intended to ensure that all 
Regulated Asbestos Containing Material (RACM) expected to be disturbed 
during the demolition or renovation is removed from the facility before 
any action is taken that could prevent safe removal of the RACM during 
a later phase of the project. The use of the term ``dropping'' is 
intended to prevent RACM from falling (instead of being ``placed'') on 
the floor and to ensure that RACM is moved in a careful way to minimize 
asbestos fiber release.
Abstract for [M060001]
    Q: Does EPA waive the Method 5 test requirement for a second 
process vent, under 40 CFR part 63, subpart MMM, at the Arkema facility 
in Riverview, Michigan?
    A: Yes. EPA waives the Method 5 test because information submitted 
by the facility shows that it is impractical to test the second vent 
due to short operating time, low flow rate, and low pressure drop. Dust 
emissions will be drawn through the first vent which will be tested, 
and any remaining dust will be trapped in the vent collection tank or 
in the mineral oil scrubbers.
Abstract for [M060002]
    Q: Does EPA find that a coating being applied at the Cooper Tire & 
Rubber facility in Findlay, Ohio, that uses the same methodology, 
composition, and function as a rubber-to-metal coating, but that is 
bonded during a heating process not involving the vulcanization of 
rubber, is a rubber-to-metal coating under 40 CFR part 63, subpart 
MMMM?
    A: No. EPA finds that because the bonding process is not performed 
during the vulcanization process, it is not considered a rubber-to-
metal coating and should not be included in that category. Instead, the 
coating is subject to the general use coating subcategory emission 
limit in 40 CFR 63.3890(b)(1).
Abstract for [M060003]
    Q1: Can the required emission tests, under 40 CFR part 63, subpart 
DDDDD, be conducted in the common duct for boilers 1, 2, and 3 at the 
Dairyland Power Cooperative Alma Station in LaCrosse, Wisconsin?
    A1: No. 40 CFR 63.7510 requires that each unit be tested, and the 
language in Section II.F of the September 13, 2004 Preamble to the 
Final Rule reinforces this requirement. The facility is required to 
submit an alternative test procedure request with appropriate technical 
justification, if it wants to conduct common duct testing. However, 
testing in a common duct is considered a minor change to a test method; 
thus, EPA Regions and delegated States may approve such a request.
    Q2: Does EPA find that boilers 1, 2, and 3 would be exempt from the 
boiler MACT, under 40 CFR part 63, subpart DDDDD, if they opt into the 
Acid Rain Program?
    A2: No. EPA finds that 40 CFR 63.7491 includes no such exemption. A 
source cannot avoid controlling mercury emissions by agreeing to 
control sulfur dioxide and nitrogen oxides.
Abstract for [M060004]
    Q: Does EPA find that the two 250-horsepower firetube boilers 
planned for installation at Green Bay Packaging in Green Bay, 
Wisconsin, should be regulated within the ``small gaseous fuel 
subcategory'' as defined in MACT subpart DDDDD, 40 CFR 63.7575, even if 
each boiler's heat input rating at 100 percent efficiency may reach 
10.5 million BTU per hour?
    A: Yes. EPA finds that these boilers are regulated within the 
``small gaseous fuel subcategory'' as that term is defined in MACT 
subpart DDDDD, 40 CFR 63.7575. In response to comments, the Agency 
agreed to add firetube boilers to the definition of small liquid fuel 
and gaseous fuel subcategories in the final rule.
Abstract for [M060005]
    Q: Does EPA approve a request from Minnesota Mining & Manufacturing 
Company (3M), under 40 CFR part 63, subpart EEE, to establish a high 
energy wet scrubber's hydrogen chloride/chlorine liquid-to-gas ratio 
operating parameter limit for a hazardous waste incinerator unit that 
is equal to 20.4 gallons per 1,000 dry standard cubic feet based upon 
the data from 3M's September 1 and 2, 2004, comprehensive performance 
test and not upon the data from 3M's July 2001, Resource Conservation 
and Recovery Act Trial Burn?
    A: No. EPA does not approve the request because the company has not 
demonstrated that the proposed hydrogen chloride/chlorine liquid-to-gas 
ratio operating parameter limit also corresponds to compliance with the 
particulate matter, semi-volatile metal, and low volatile metals 
emission standards.
Abstract for [M060006]
    Q: Does EPA approve at the General Motors (GM) Orion Assembly Plant 
in Orion, Michigan, the use of the results of a transfer efficiency 
test conducted in December 2004 for the primer surfacer and topcoat 
operations in lieu of performing another transfer efficiency test, 
under 40 CFR part 63, subpart IIII?
    A: Yes. EPA approves the use of the December 2004 test results for 
the primer surfacer and the topcoat operations in lieu of performing an 
initial test to determine transfer efficiency. The test meets the 
requirements of MACT subpart IIII, 40 CFR 63.3160(c). There have been 
no process or equipment changes since the test that would trigger 
retesting, and the required operating parameters and transfer 
efficiency were established during the test.

[[Page 70386]]

Abstract for [M060007]
    Q: Does EPA approve the continuous monitoring of fan amps and total 
scrubbing liquid flow rate as an alternative to the scrubber monitoring 
parameters required by NSPS Subpart BB and NESHAP Subpart MM, at the 
Weyerhaeuser Company facility in Bennettsville, South Carolina?
    A: Yes. EPA approves this alternative continuous monitoring plan 
under MACT subpart MM and NSPS subpart BB because the dynamic scrubber 
operates near atmospheric pressure and the proposed monitoring is an 
acceptable alternative. Consistent with the requirements of 40 CFR 
63.864, fan amps and scrubber liquid flow rate must be monitored at 
least once each successive 15-minute period, and continuous compliance 
must be determined based on a 3-hour average.
Abstract for [M060008]
    Q1: Does EPA approve the request for an alternative monitoring 
location to continuously monitor total hydrocarbons and carbon 
monoxide, under 40 CFR part 63, subpart EEE, at the Ash Grove Cement 
Company facility in Overland Park, Kansas?
    A1: Yes. EPA approves the request to monitor hydrocarbons in the 
by-pass and between stages numbers 2 and 3 of the preheater instead of 
in the main stack, pursuant to MACT subpart EEE, 40 CFR 63.1209(g)(1) 
and 63.8(f). Both the bypass and preheater gas streams must have a 
hydrocarbon limit of 10 ppmv on an hourly rolling average basis as 
defined in MACT subpart EEE. The location of the hydrocarbon monitors 
must be as specified in the Comprehensive Performance Test Plan, 
downstream of the bypass baghouse, while the preheater monitor shall be 
located in the gas stream between stages numbers 2 and 3 of the pre-
heater in a manner that ensures a representative sample of gas will be 
monitored.
    Q2: Does EPA also approve the request for an alternative method to 
calculate the maximum gas temperature at the inlet to the facility's 
particulate matter control device, under 40 CFR part 63, subpart EEE?
    A2: Yes. EPA approves this request for an alternative calculation 
pursuant to MACT subpart EEE, 40 CFR 63.1209(g)(1) and 63.8(f) due to 
the potential danger associated with operating the coal mill baghouse 
at an elevated temperature. The facility will establish that the 
maximum gas temperature at the inlet of the coal mill baghouse does not 
exceed 200 degrees Fahrenheit. Establishing the maximum gas temperature 
at the inlet is an alternative for the coal mill baghouse only.
    Q3: Does EPA also approve the request for an alternative to 
calculate the minimum combustion chamber temperature limit as required 
by 40 CFR 63.1209(j)(1) and (k)(2)?
    A3: No. EPA does not approve the request to set the minimum 
combustion chamber temperature as the average of the highest hourly 
rolling averages measured in each trial run burn. However, EPA finds 
the source could establish a minimum combustion chamber temperature by 
matching the combustion chamber temperature profile during the 
comprehensive performance test using the specific procedures described 
in EPA's response as an alternative to establishing the minimum 
combustion chamber temperature.
Abstract for [M060009]
    Q: Does EPA approve the alternative monitoring request to 
continuously monitor oxygen and temperature instead of carbon monoxide 
or total hydrocarbons, under 40 CFR part 63, subpart EEE, at the Holcim 
facility in Clarksville, Montana?
    A: Yes. EPA approves this alternative monitoring request pursuant 
to MACT subpart EEE, 40 CFR 63.1209(g)(1) and 63.8(f), provided the 
facility meets the conditions established for the performance test for 
destruction and removal efficiency (DRE) that demonstrates compliance 
with the DRE standard found in 40 CFR 63.1204(c), and carbon monoxide 
and total hydrocarbon standards found in 40 CFR 63.1204(a)(5), as 
indicated in EPA's response.
Abstract for [M060010]
    Q: Could EPA clarify the relationship between ownership and co-
location in regards to the applicability of 40 CFR part 63, subpart HH, 
to the Mocane Cryogenic/Compressor Station located near Forgan, 
Oklahoma, and owned by Regency Gas Services and Colorado Interstate 
Gas?
    A: EPA finds that all the facility operations are located at a 
single site, as defined in 40 CFR 63.761 of MACT subpart HH, and, 
because the transmission and storage source category begins where 
natural gas enters the transmission pipeline, the site is subject to 
MACT subpart HH. EPA also finds the equipment qualifies as a single 
Title V source with all equipment subject to Title V permitting. 
Because of separate ownership, individual Title V permits will be 
issued to the owner of the specific equipment.
Abstract for [M060011]
    Q: Does 40 CFR part 63, subpart NNN, apply to the metal building 
insulation produced at CertainTeed's facility in Kansas City, Kansas?
    A: Yes. EPA finds that metal building insulation meets the 
definition of building insulation for purposes of MACT subpart NNN, and 
that production of this insulation at the CertainTeed facility is 
subject to MACT subpart NNN.
Abstract for [M060012]
    Q: Does EPA find that an autoclave should be included in the 
rubber-to-metal or general use subcategory, under 40 CFR part 63, 
subpart MMMM, if a partial vulcanization occurs in the first heating 
step and the part is submitted fully vulcanized in the autoclave, as is 
the case of the Cooper Standard Automotive facility in Michigan?
    A: EPA finds that the autoclave should be included in the rubber-
to-metal subcategory under MACT subpart MMMM. EPA has determined that 
the second coating step of a metal insert bonded to rubber does involve 
vulcanization based on the stress test results done on two metal parts 
coated with the same adhesive, and should be included in such 
subcategory.
Abstract for [M060013]
    Q: Does EPA find that the substantive control, testing, and 
monitoring requirements of 40 CFR part 63, subpart PPP, apply to the 3M 
process using tetrahydrofuran (THF) as a raw material at the Specialty 
Material Manufacturing facility in Cottage Grove, Minnesota?
    A: Yes. EPA finds that the language at 40 CFR 63.1420(d)(3) only 
exempts those processes which produce polyether polyols from epoxide 
polymerization, and, by its terms, does not extend the exemption under 
MACT subpart PPP to processes which produce polyether polyols from THF. 
The facility did not provide the Agency sufficient information to 
determine whether only the recordkeeping or demonstration requirements 
at 40 CFR 63.1420(b)(1) would apply to the process.
Abstract for [M060014]
    Q1: Does EPA find that the nitrile stripper column (NSC) system at 
the INVISTA S.a.r.l. (INVISTA) Victoria plant should be classified as a 
waste management unit or a recovery device, under 40 CFR part 63, 
subpart PPP, or can it be subject to two sets of requirements at the 
same time because it may qualify both as a waste management and a 
recovery device under the Hazardous Organic National Emissions Standard 
for Hazardous Air

[[Page 70387]]

Pollutants (HON) rule, 40 CFR part 63, subpart F?
    A1: EPA finds that the NSC system cannot be subject to two sets of 
standards under the HON rule and that it should be classified as a 
waste management unit under that rule. Based on the concept of 
``discarded'' within the terms ``point of determination'' and 
``wastewater'' in the HON rule, the NSC system must either be a 
recovery device within the CMPU or a waste management unit outside of 
the CMPU. The fact that the NSC system is receiving the stormwater 
stream from the Victoria plant, in addition to the stream from the ADN 
unit for which it was originally designed, clarifies for the Agency 
that the NSC system is outside of the CMPU. The liquid stream 
transferred from the ADN process to the NSC system is, therefore, 
``discharged'' to the NSC system. This makes the NSC system a ``waste 
management unit'' and the ADN stream ``wastewater'', subject to the 
performance standards of 40 CFR 63.138 of the HON rule.
    Q2: What is the appropriate classification for the NSC system if 
the stormwater runoff is no longer routed to the ADN unit?
    A2: When the stormwater runoff is removed from the NSC system, the 
NSC system should be evaluated as a recovery device because the NSC 
system potentially serves the purpose of recovering chemicals for fuel 
value, use, reuse or for sale for fuel value, use or reuse.
Abstract for [M060015]
    Q: Could EPA clarify the applicability of the Miscellaneous Organic 
Chemical Manufacturing NESHAP (MON rule) and the Miscellaneous Coating 
Manufacturing NESHAP (MCM rule), under 40 CFR part 63, subparts FFFF 
and HHHHH respectively, to non-dedicated mixing vessels which support 
coatings manufacturing in three different areas at the Cytec Industries 
facility in Havre de Grace, Maryland?
    A: EPA determines that in area one the non-dedicated HAP mixing 
vessels are used in the production of ``pre-react'' isolated 
intermediates which are stored below ambient temperature until further 
processing to produce a coating occurs, and therefore, are subject to 
the MON. The pre-react is similar to a synthesis operation producing a 
MON chemical described by SIC code 289, rather than a coating. EPA 
agrees that since the ``pre-react'' meets all of the criteria specified 
in EPA's response, it is a MON product and therefore the mixing vessel 
that produces it is subject to the MON. In area two, the MON chemical 
is mixed with curing systems, fillers, and other additives, and a 
coating is produced. Since the non dedicated HAP mixing vessels in area 
two are associated with the production of a coating, they are part of 
the miscellaneous coating manufacturing subject to the MCM rule. Area 
three consists of the application of the coating produced in area two. 
Neither the MON nor the MCM apply to the application of coatings.
Abstract for [M060016]
    Q: Does MACT subpart G, pursuant to 40 CFR 63.100(b)(4), provide 
minor source status to International Specialty Products' butanediol 
facility in Lima, Ohio, given that the facility is no longer part of 
the BP Amoco Chemical Company (BP) major source; has actual emissions 
of less than 2 tpy of individual hazardous air pollutants (HAP) and 
less than 4 tpy of total HAP; shares no common control or ownership 
with BP; and is a discrete facility that is not contiguous with any BP 
property or any of the remaining sources listed on the current BP Title 
V permit?
    A: No. EPA finds that the facility is not eligible for minor source 
status under MACT subpart G. It was constructed and permitted as a 
major source on the compliance date for new sources in the HON. Thus, 
according to the ``once in, always in'' policy, it remains subject to 
the HON rule, even if it subsequently reduces its emissions below major 
source thresholds.
Abstract for [M060017]
    Q: Does 40 CFR part 63, subpart YY, apply to the spandex production 
equipment at the Invista facility in Waynesboro, Virginia, where the 
equipment is part of one or more dry spinning spandex production 
process units?
    A: No. EPA finds that the spandex production equipment is not 
subject to MACT subpart YY. 40 CFR 63.1103(h)(1)(ii) defines emission 
points, listed in paragraphs (h)(1)(i)(A) through (C), that are 
associated with a dry spinning spandex production process unit that are 
not subject to the requirements of 40 CFR 63.1103(h)(3) even though the 
process is part of the spandex production source category.
Abstract for [M060018]
    Q: Does 40 CFR part 63, subpart MMMM, apply to a spray booth at the 
PPG Industries, Inc. (PPG) facility in Springdale, Pennsylvania, that 
would be used to prepare painted sample panels to be tested at a 
laboratory?
    A: No. EPA determines that PPG's proposed new spray booth would not 
be subject to NESHAP subpart MMMM, the Surface Coating of Miscellaneous 
Metal Parts and Products rule, since the spray booth would not be used 
to apply surface coating of ``miscellaneous metal parts or products,'' 
which include certain various ``industrial, household, and consumer 
products,'' or their ``metal components,'' i.e., parts, as defined in 
40 CFR 63.3881. The sample panels that PPG plans to prepare in its new 
spray booth do not qualify as ``industrial, household, and consumer 
products'' because they will be prepared solely to allow coatings to be 
tested in a laboratory, will not be sold in commerce, and will 
eventually be recycled as scrap metal. The sample panels also do not 
qualify as ``metal components'' of ``industrial, household, and 
consumer products'' because the panels will never become part of an 
industrial, household, or consumer product.
Abstract for [M060019]
    Q: Does EPA approve continuous monitoring of fan amperage and 
scrubbing liquid flow rate in lieu of scrubber pressure drop under 40 
CFR part 63, subpart MM, for the smelt dissolving tank scrubber at the 
Smurfit-Stone Container Hopewell Mill in Hopewell, Virginia?
    A: Yes. EPA finds that pressure drop is not the best indicator of 
control device performance for low-energy entrainment scrubbers. 
Compliance with MACT subpart MM could be demonstrated by verifying ID 
fan operation, maintaining a scrubber liquid flow rate, and maintaining 
a scrubbing liquid supply pressure based on established parameters from 
the facility's performance test.
Abstract for [M060020]
    Q: Does EPA agree that the Point of Determination (POD) for the 
predominant use ratio (e.g., 90 percent/10 percent) which, according to 
40 CFR 63.4281(e), would determine whether part 63, subpart OOOO 
(``Fabric NESHAP'') or subpart JJJJ (``Paper and Other Web Coating 
NESHAP, POWC NESHAP'') would apply, can be located at the entry point 
to the common control device for the Cytec Engineered Materials Inc. 
facility in Havre de Grace, Maryland?
    A: No. EPA does not approve Cytec's request to consider the entry 
point to the common control device for the four coaters/dryers as a POD 
for purposes of establishing the MACT subpart OOOO predominant use 
ratio. 40 CFR 63.4281(e) states that ``any web coating line must comply 
with the subpart of this part that applies to the predominant use 
activity conducted at the affected

[[Page 70388]]

source.'' This indicates that a predominant use determination under the 
Fabric NESHAP can be made only with respect to a single coating line, 
not groups of coating lines. Therefore, Cytec, Inc. must assure ensure 
that its three coaters/dryers subject to POWC NESHAP comply with all of 
the POWC NESHAP's requirements, and that its one coater/dryer subject 
to the Fabric NESHAP complies with all of the Fabric NESHAP's 
requirements.
Abstract for [M060021]
    Q: Does EPA approve, under 40 CFR part 63, subpart NNNNN, the 
monitoring of alternative operating limit parameters (scrubber base 
temperature and indicators of proper liquid flow) at the DuPont 
Washington Works facility in Washington, West Virginia?
    A: Yes. EPA finds that DuPont has demonstrated that the scrubber 
monitoring specified under MACT subpart NNNNN is not appropriate for 
its process, and that the proposed alternative monitoring meets the 
requirements for approval in 40 CFR 63.9025(b) and 63.8(f).
Abstract for [M060022]
    Q: Does EPA approve monitoring the secondary power from the 
electrostatic precipitator (ESP) as an alternative monitoring parameter 
to monitoring pressure drop on the scrubber, under 40 CFR part 63, 
subpart S, for a dual-control device consisting of an ESP followed by a 
packed tower scrubber at the International Paper Georgetown Mill, in 
Georgetown, South Carolina?
    A: No. EPA does not approve monitoring secondary power from the ESP 
in-lieu-of monitoring the pressure drop on the scrubber because there 
is no demonstration to show that the negative electric charge on 
particles exiting the ESP will have anything more than negligible 
effects on the efficiency of the scrubber.
Abstract for [M060023]
    Q: Does EPA approve that emission reductions achieved as a result 
of upgrades to a wastewater lagoon at the Buckeye facility in Perry, 
Florida, are creditable to demonstrate compliance with the condensate 
collection requirements in 40 CFR 63.446(c) of the Pulp and Paper MACT, 
40 CFR part 63, subpart S?
    A: EPA determines that the reductions may be creditable provided 
that Buckeye can provide the necessary data to satisfactorily 
demonstrate continuous compliance with the lb/ODTP compliance option 
for condensate collection and treatment, beginning at the initial 
compliance date, as described in EPA's response. The data would be 
generally considered creditable if it demonstrates that such emission 
reductions resulted from efficiency improvements to a control device 
that can be verified; are clearly from additional improvements in 
technology; and are not otherwise needed to meet regulatory 
requirements.
Abstract for [M060024]
    Q: Does EPA find that the White Liquor Oxidation (WLOx) 
system portion of a pulp and paper mill's oxygen delignification system 
subject to the requirements of the Pulp and Paper MACT, 40 CFR part 63, 
subpart S, at the Palatka Mill in Palatka, Florida?
    A: No. EPA finds that the WLOx system is not named as 
one of the pieces of process equipment in the regulatory definition of 
an oxygen delignification system and therefore is not subject to the 
MACT subpart S requirements in 40 CFR 63.443.
Abstract for [M060025]
    Q: Does EPA find that mold and core making lines that use the 
``Expandable Pattern Casting'' (or ``Lost Foam'') process at the 
Mueller Company's facility in Albertville, Alabama subject to the MACT 
requirements for Iron and Steel Foundries under 40 CFR part 63, subpart 
EEEEE?
    A: Yes. The pouring, cooling, and shakeout operations of Mueller's 
Expendable Pattern Casting process are not significantly different than 
a conventional sand casting operation, and therefore should be 
considered as such for 40 CFR part 63, subpart EEEEE purposes. In 
addition, Mueller's pouring operations would be classified as pouring 
stations, not pouring areas. The main distinctions between a pouring 
station and a pouring area are that pouring stations are automated and 
that the pouring can reasonably be assumed to occur at distinct points.
Abstract for [M060026]
    Q: Does EPA approve that emission reductions resulting from 
improvements to the pulp washer line fans, under 40 CFR part 63, 
subpart S, creditable for the Pulp & Paper MACT Clean Condensate 
Alternative (CCA) at the Smurfit-Stone facility in Fernandina Beach, 
Florida?
    A: No. Generally, a mill can make efficiency improvements to a 
control device and then use the incremental improvements for CCA credit 
if the emission changes are verifiable and clearly from additional 
improvements in technology. The modifications described for this 
facility are not additional improvements in technology, but rather 
equipment upgrades to meet proper operating levels and result in HAP 
reductions from emissions that should never have been emitted.
Abstract for [Z060001]
    Q: Does EPA approve an alternative monitoring plan for pressure/
vacuum relief valves, under 40 CFR part 61, subpart FF, for the 
wastewater treatment plant tanks and oil-water separator at the Flint 
Hills Resources refinery in Saint Paul, Minnesota?
    A: Yes. EPA concludes that the pressure/vacuum relief valves 
function as both pressure relief devices and dilution air openings. 
Further, the Agency recognizes that the requirements of 40 CFR 
61.343(a)(1)(i)(B) and (C) do not account for this dichotomy, and it 
approves the proposed alternative monitoring plan under NESHAP subpart 
FF to resolve the conflicting requirements.
Abstract for [0600001]
    Q: Does EPA approve an alternative monitoring plan altering the 
required daily monitoring, under 40 CFR part 60, subpart Dc, 40 CFR 
60.48c(g), to a monthly monitoring schedule for natural gas fuel usage 
at the Ypsilanti Community Utilities Authority facility in Ypsilanti, 
Michigan?
    A: Yes. EPA conditionally approves the alternative monitoring 
request to record natural gas usage for two new boilers on a monthly, 
rather than a daily basis. EPA finds that compliance with NSPS Subpart 
Dc can be adequately verified by keeping fuel usage records on a 
monthly basis if only natural gas is burned. The facility must also 
specify how the total fuel usage will be apportioned to individual 
boilers.
Abstract for [0600002]
    Q: Does EPA approve an exemption from the Total Reduced Sulfur 
(TRS) standard in NSPS subpart BB, 40 CFR 60.283(a)(1)(iv), for the 
brown stock washer (BSW) system at the Buckeye Florida Limited 
Partnership facility in Perry, Florida?
    A: Yes. Based on cost information supplied and recent cost 
estimates from other facilities, EPA finds that the BSW system 
qualifies for a temporary exemption under NSPS subpart BB. Should 
future changes make the control of TRS emissions from the Number 2 Mill 
BSW system cost effective, this exemption will no longer apply, and it 
will be necessary for Buckeye to control TRS emissions.
Abstract for [0600003]
    Q: Does EPA approve the continuous monitoring of fan amps and the 
total

[[Page 70389]]

scrubbing liquid flow rate as an alternative to the scrubber monitoring 
parameters required by 40 CFR part 60, subpart BB, and 40 CFR part 63, 
subpart MM, for a smelt dissolving tank dynamic scrubber at the 
Weyerhaeuser Company facility in Bennettsville, South Carolina?
    A: Yes. EPA approves these alternative monitoring parameters. The 
dynamic scrubber operates near atmospheric pressure and thus the 
proposed monitoring, in combination with monitoring of scrubber liquid 
flow rate, is an acceptable alternative to the NESHAP subpart MM 
requirement to monitor the pressure loss of the gas stream and the 
scrubbing liquid flow rate. In addition, EPA approves the request to 
monitor scrubbing liquid flow rate as an alternative to the NSPS 
subpart BB requirement to monitor scrubber liquid supply pressure.
Abstract for [0600004]
    Q: Does EPA exempt facilities which use very low sulfur oil from 
the requirement to obtain certifications of sulfur content for each 
shipment of fuel oil delivered, under 40 CFR part 60, subparts Db and 
Dc, and permit them to provide only receipts indicating the type of 
fuel delivered?
    A: No. EPA does not exempt facilities from the requirement to 
obtain certifications of sulfur content for shipments of fuel oil. The 
requirements of NSPS subparts Db and Dc regarding certification of fuel 
sulfur content must be met.
Abstract for [0600006]
    Q: Does EPA approve a request for an exemption from the requirement 
in NSPS subpart J, 40 CFR 60.105(a)(2)(ii), to install, calibrate, 
operate, and maintain a carbon monoxide continuous emission monitor 
with a 1,000-ppmv span gas for a fluid catalytic cracking unit at the 
Flint Hills Resources facility in Saint Paul, Minnesota?
    A: Yes. EPA finds that the facility qualifies for the exemption set 
forth in 40 CFR 60.105(a)(2)(ii) because the company has met the 
following requirements: calibrated a CO CEM with a span value of 100 
parts per million by volume, dry basis (PPMVD); demonstrated that the 
relative accuracy is 10 percent of the average CO emissions or 5 PPM 
CO, whichever is greater; and demonstrated that the average CO 
emissions during a 30-day period are less than 50 PPMVD with the CO 
CEM. The facility still must comply with a state air permit requirement 
to install and maintain a CO CEM with a 100 PPMV span.
Abstract for [0600007]
    Q: Does EPA approve an alternative monitoring plan for a zinc 
thermal oxidizer flare used during periods of maintenance or 
malfunction of a vapor recovery unit at a gasoline loading rack, under 
40 CFR part 60, subpart J, at the Flint Hills Resources facility in 
Saint Paul, Minnesota?
    A: Yes. EPA finds that the company has demonstrated that this 
refinery fuel gas meets the criteria in EPA's guidance for refinery 
fuel gas stream alternative monitoring plans and approves the 
alternative monitoring plan.
Abstract for [0600008]
    Q1: Does EPA find that the alterations made in 1985 to electric arc 
furnace (EAF) number 2 at Oregon Steel Mill's facility in Portland, 
Oregon, meet the definition of ``modification'' under 40 CFR part 60, 
subpart AAa?
    A1: No. Based on the information provided, EPA finds that the 
alterations made in 1985 to EAF number 2 do not constitute a 
modification under NSPS subpart AAa. Although the alterations increased 
the production rate of steel from 25 tons per hour to 50 tons per hour, 
they did not increase particulate matter emissions.
    Q2: Does EPA find that the alterations meet the definition of 
``reconstruction'' under 40 CFR part 60, subpart AAa?
    A2: No. Based on the information provided, EPA finds that the 
changes made in 1985 to EAF number 2 do not constitute a reconstruction 
under NSPS subpart AAa. Reconstruction is based on a comparison of the 
fixed capital cost of the new components and a comparable entirely new 
facility, that is, a new eccentric bottom tap EAF capable of producing 
50 tons of steel per hour. The EAF consists of the furnace shell and 
roof and the transformer. The cost of the 1985 alterations was 31.8 
percent of the cost of the comparable entirely new facility, which is 
less than the 50 percent reconstruction cost threshold.
    Q3: Does EPA find that the other changes made to the EAF number 
that resulted in an increase on the potential emission rate was 
accomplished with a ``capital expenditure'' as defined under 40 CFR 
part 60, subpart AAa?
    A3: No. EPA finds that the changes made in 1987, 1990, 1991, 1993, 
1997 and 1998 to EAF number 2 did not require capital expenditures as 
defined in 40 CFR 60.2. The annual asset guideline repair allowance 
percentage for an EAF is 18 percent. The changes that enabled increases 
in production rate included the purchase of a transformer and the 
installation of oxy-fuel burners, a post combustion system, aluminum 
current arms, and other changes, all of which did not cost more than 18 
percent of the basis for an EAF.
Abstract for [0600009]
    Q: Does EPA find that the gas processing system at the Bethel 
Landfill in Hampton, Virginia, qualifies as treatment under NSPS 
subpart WWW, pursuant to 40 CFR 60.752(b)(2)(iii)(C)?
    A: Yes. EPA considers compression, filtration, and moisture removal 
from a landfill gas for use in eight reciprocating internal combustion 
engines to be treatment pursuant to 40 CFR 60.752(b)(2)(iii)(C). 
Because the engines will be exempt from monitoring, they do not have to 
be included in the Startup, Shutdown, and Malfunction Plan (SSM Plan) 
required by 40 CFR part 63, subpart AAAA. However, the treatment system 
supplying gas to the turbines will have to be included in the SSM Plan.
Abstract for [0600010]
    Q: Does EPA consider the gas processing system that includes the 
three turbines at the Grand Central Landfill in Pen Argyl, 
Pennsylvania, to be treatment under 40 CFR part 60, subpart WWW, 
pursuant to 40 CFR 60.752(b)(2)(iii)(C)?
    A: Yes. EPA considers compression, filtration, and moisture removal 
from a landfill gas for use in an energy recovery device to be 
treatment under NSPS subpart WWW, pursuant to 40 CFR 
60.752(b)(2)(iii)(C). Because the engines will be exempt from 
monitoring, they do not have to be included in the Startup, Shutdown, 
and Malfunction Plan (SSM Plan) required by 40 CFR part 63, subpart 
AAAA. However, the treatment system supplying gas to the turbines will 
have to be included in the SSM Plan. Also, Pennsylvania may include 
state enforceable requirements in any permit it issues, based on its 
review of state laws and regulations.
Abstract for [0600011]
    Q: Does EPA consider the gas processing system at Keystone Potato 
Products' facility in Hegins, Pennsylvania, to be treatment under 40 
CFR part 60, subpart WWW?
    A: Yes. EPA considers compression, filtration, and moisture removal 
from a landfill gas for use in an energy recovery device to be 
treatment under NSPS subpart WWW, pursuant to 40 CFR 
60.752(b)(2)(iii)(C). Because the engines will be exempt from 
monitoring, they do not have to be included in the Startup, Shutdown, 
and Malfunction Plan (SSM Plan) required by 40 CFR Part 63, subpart 
AAAA. However, the treatment system supplying gas to the turbines

[[Page 70390]]

will have to be included in the SSM Plan. Also, Pennsylvania may 
include state enforceable requirements in any permit it issues, based 
on its review of state laws and regulations.
Abstract for [0600012]
    Q: Does EPA consider the gas processing system at the Lake View 
Landfill in Philadelphia, Pennsylvania, to be treatment under 40 CFR 
part 60, subpart WWW?
    A: Yes. EPA considers compression, filtration, and moisture removal 
from a landfill gas for use in an energy recovery device to be 
treatment under NSPS subpart WWW, pursuant to 40 CFR 
60.752(b)(2)(iii)(C). Because the engines will be exempt from 
monitoring, they do not have to be included in the Startup, Shutdown, 
and Malfunction Plan (SSM Plan) required by 40 CFR Part 63, subpart 
AAAA. However, the treatment system supplying gas to the turbines will 
have to be included in the SSM Plan.
Abstract for [0600013]
    Q: Does EPA consider gas processing system to be treatment as 
specified under 40 CFR part 60, subpart WWW at the Modern Landfill 
facility in York, Pennsylvania?
    A: Yes. EPA considers compression, filtration, and moisture removal 
from a landfill gas for use in an energy recovery device to be 
treatment under NSPS subpart WWW, pursuant to 40 CFR 
60.752(b)(2)(iii)(C). Because the engines will be exempt from 
monitoring, they do not have to be included in the Startup, Shutdown, 
and Malfunction Plan (SSM Plan) required by 40 CFR Part 63, subpart 
AAAA. However, the treatment system supplying gas to the turbines will 
have to be included in the SSM Plan.
Abstract for [0600014]
    Q: Does EPA approve the use of post-combustion chamber temperature 
monitors as an alternative to combustion chamber temperature monitors 
in turbines at the Pottstown Landfill facility in Pottstown, 
Pennsylvania, required by 40 CFR part 60, subpart WWW?
    A: Yes. EPA has determined that the location of the temperature 
monitors on these turbines is acceptable as an alternative to being 
located in the combustion zone of the turbines.
Abstract for [0600015]
    Q: Does 40 CFR part 60, subpart VV, apply to liquid urea 
manufacturing operations?
    A: EPA has not provided a site-specific determination in this case 
because the source has not been identified. Additionally, EPA is not 
prepared to issue a blanket exemption for liquid urea manufacturing 
operations as none was issued during the rulemaking process. In 
addition, a liquid urea facility must look to the same criteria in 40 
CFR 60.480(a) and (b) as other manufacturers of listed chemicals to 
determine whether it is subject to NSPS subpart VV. The facility must 
then consider whether it might be exempted under 40 CFR 60.480(d).
Abstract for [0600016]
    Q: Will plant changes to increase production capacity result in a 
modification of the C-1 Nitric Acid Plant located at the PCS Nitrogen 
Fertilizer facility in Augusta, Georgia? Is the use of pre-change and 
post-change emission testing the appropriate means of determining 
whether the change results in an increase in the NOX 
emission rate that will trigger the finding of a modification?
    A: Yes. EPA finds that the plant changes do constitute a 
modification under the NSPS, and the unit would become subject to NSPS 
subpart G. EPA also finds that the manner in which the Masar emission 
control system has been operated in the past and its improper 
maintenance makes it impossible to establish rational pre-change test 
conditions for purposes of determining whether the plant changes will 
cause an increase in NOX emission rate. In this case, 
emission factors are the most appropriate method to determine if an 
emission increase occurs, and the appropriate factors show that the 
increase in nitric acid production capacity will result in an emission 
increase. Thus, the plan will be subject to NSPS subpart G requirements 
following the proposed production rate increase.
Abstract for [0600017]
    Q: Does 40 CFR part 60, subpart UUU, apply to a tile dryer at the 
Florim USA facility in Clarksville, Tennessee, that dries formed tiles 
by convection?
    A: No. EPA finds that the tile dryer operates in a manner that is 
typical of tunnel dryers, which are exempt from NSPS subpart UUU.
Abstract for [0600018]
    Q: Does 40 CFR part 60, subpart SS, apply to surface coating 
operations at the Nestaway facility in McKenzie, Tennessee, which 
fabricates and coats wire racks that are sold for use in new 
dishwashers of various manufacturers and as aftermarket replacements?
    A: No. EPA finds that because the facility is not part of a large 
appliance assembly plant, NSPS subpart SS does not apply to its surface 
coating operation.
Abstract for [0600019]
    Q: What requirements under 40 CFR part 60, subpart KKKK, would 
apply to a simple cycle combustion turbine to be operated at the Stock 
Island Power Plant in Key West, Florida, since the Florida Municipal 
Power Agency and GE Packaged Power entered into a contract for the 
fabrication and construction of the turbine on February 18, 2005, the 
final date by which a unit must have commenced construction to be 
treated as an existing unit not subject to NSPS subpart KKKK?
    A: EPA finds that additional documentation must be submitted to 
make a determination. Without adequate documentation that the February 
18, 2005 contract for the fabrication and construction of the turbine 
will result in a continuous program of construction, the combustion 
turbine in question would be considered subject to NSPS subpart KKKK 
requirements for new affected facilities. Refer to ADI determination 
0600021.
Abstract for [0600020]
    Q: Does EPA approve an exemption from opacity monitoring under 40 
CFR part 60, subpart UUU, for a flash dryer that uses baghouses to 
control emissions as it dries product at the DuPont DeLisle titanium 
dioxide production facility in Pass Christian, Mississippi?
    A: Yes. EPA finds that because the dryer has a particulate matter 
emission rate of less than 11 tons/year, an exemption from the opacity 
monitoring requirement of NSPS subpart UUU is appropriate.
Abstract for [0600021]
    Q: What requirements under 40 CFR part 60, subpart KKKK, would 
apply to a simple cycle combustion turbine to be operated at the Stock 
Island Power Plant in Key West, Florida, since the Florida Municipal 
Power Agency and GE Packaged Power entered into a contract for the 
fabrication and construction of the turbine on February 18, 2005, the 
final date by which a unit must have commenced construction to be 
treated as an existing unit not subject to NSPS subpart KKKK. The 
facility has provided follow-up information in response to EPA's 
request for more information. Refer to ADI determination 0600019.
    A: Based on the information submitted, EPA concludes that the 
combustion turbine, construction of which commenced on February 18,

[[Page 70391]]

2005, will not be subject to NSPS subpart KKKK, provided that a 
continuous program of construction is maintained and construction is 
completed within a reasonable time.
Abstract for [0600022]
    Q: Does EPA allow the owners or operators of certain affected 
facilities under 40 CFR part 60, subpart Dc to submit reports annually 
instead of each six-month period, as required by 40 CFR 60.48(c)(j), if 
a facility is not required to obtain a Title V permit?
    A: No. EPA finds that the reporting frequency in NSPS subpart Dc is 
intended to apply to owners and operators of affected facilities 
regardless of whether they are required to obtain a Title V permit.
Abstract for [0600023]
    Q: Does 40 CFR part 60, subpart OOO, apply to air classifiers at 
nonmetallic mineral processing plants?
    A: EPA finds that air classifiers are regulated by NSPS subpart OOO 
if they are part of a grinding mill. A grinding mill is the only 
affected facility under NSPS subpart OOO that includes air classifiers. 
If air classifiers are not part of a grinding mill, then they are not 
regulated by the standard since these are not identified as a separate 
category in the rule.
Abstract for [0600024]
    Q: Does EPA find that 40 CFR part 60, subpart UUU, applies to the 
Line 2 ore dryer and product dryer at the DuPont DeLisle Plant in Pass 
Christian, Mississippi, where the facility uses a chlorination-
oxidation process to manufacture titanium dioxide pigment?
    A: Yes. EPA finds that although the chlorination-oxidation process 
is exempt from NSPS subpart UUU, the ore dryer and product dryer at the 
DuPont plant are not part of the chlorination-oxidation process. Thus, 
the dryers are subject to NSPS subpart UUU.
Abstract for [0600025]
    Q: Does EPA find that the requirements of the 25 Pennsylvania (PA) 
Code Chapter 139 and the PA Department of Environmental Protection 
(PADEP) Continuous Source Monitoring Manual can be applied in lieu of 
the requirements in 40 CFR part 60, subparts A and D, and 40 CFR part 
60.13, for sulfur dioxide (SO2) emissions for two power 
boilers at Weyerhaeuser's Johnsonburg Mill in Johnsonburg, 
Pennsylvania?
    A: Yes. EPA finds that the requirements of 25 PA Code Chapter 139 
and PADEP's Continuous Source Monitoring Manual can be applied in lieu 
of corresponding NSPS requirements in CFR part 60, subparts A and D and 
40 CFR part 60.13, provided that SO2 emissions from the two 
power boilers remain less than 0.20 lbs/mmBtu and provided that, for 
validating hourly averages, the source computes one hour averages from 
6 or more data points equally spaced over the one-hour period.
Abstract for [0600026]
    Q: Does EPA approve EPA Method 9 visible emissions observations as 
an alternative to installing and certifying a continuous opacity 
monitoring system (COMS) when oil is burned in a boiler subject to 40 
CFR part 60, subpart Dc, at the Penreco plant in Karns City, 
Pennsylvania?
    A: Yes. EPA finds that the alternative opacity monitoring can be 
performed in lieu of installing and certifying a COMS. However, 
specific procedures outlined in EPA's response must be followed to 
ensure compliance with this approval under NSPS subpart Dc. The 
procedures are consistent with those that EPA has approved for other 
Subpart Dc boilers that burn gas as a primary fuel and that have an 
annual capacity factor of 10 percent or less for oil when used as a 
backup fuel.
Abstract for [0600027]
    Q: Do the changes at the glass melting furnace, Furnace 52, cause 
an emissions increase at the Flat River Glass facility in Park Hills, 
Missouri, and if so, was the increase accomplished through a capital 
expenditure such that it would be considered a modification pursuant to 
40 CFR part 60, subparts A and CC? Refer to ADI Control No. 0600028.
    A: Yes. EPA finds that the changes at the furnace constitute a 
capital expenditure and therefore, the furnace has been modified for 
purposes of NSPS subparts A and CC. This determination provides further 
detail on the equipment considered in the calculations, the estimated 
cost of the changes, and the results of the calculation that show a 
capital expenditure.
Abstract for [0600028]
    Q1: Do the physical or operational changes to Furnace 52 at the 
Flat River Glass facility in Park Hills, Missouri, result in an 
emissions increase pursuant to 40 CFR part 60, subparts A and C? Refer 
to ADI determination 0600027.
    A1: Yes. Based on evaluation of the AP-42 factors, historical test 
data, and 40 CFR part 60, Appendix C calculations, EPA has determined 
that Furnace 52 has been modified since a kilogram per hour emission 
increase did occur as a result of the change, and that such 
modification was accomplished with a capital expenditure.
    Q2: Was the emissions increase accomplished through a capital 
expenditure pursuant to 40 CFR 60.14(e) at the Flat River Glass 
facility in Park Hills, Missouri?
    A2: Yes. EPA finds that there was a capital expenditure made for 
purposes of NSPS subpart CC. Based on the information submitted, EPA 
has determined that the cost of the changes made to the furnace 
exceeded 12 percent of the facility's basis, the threshold for a 
capital expenditure. Because the company did not include any cost data 
for the initial installation of the glass furnace, the existing 
facility's basis was calculated by using the current cost of a new 
glass furnace and back-calculating the cost to the year of 
installation.
Abstract for [0600029]
    Q: Does EPA find that a source's intent in incurring costs of 
component replacement as a result of SIP control requirements should be 
a factor in determining whether a source has exceeded the 50 percent 
cost threshold of the NSPS reconstruction provisions under 40 CFR part 
60, subpart A?
    A: EPA finds that replacement costs may not be disregarded based on 
the owner's intent in incurring them. Creating an intent-based 
exemption for owners whose SIP-related expenditures pass the 50 percent 
threshold in Section 60.15 would be inconsistent with Section 111. 
However, EPA could conclude in the future that only certain facilities 
should be considered new once the 50 percent threshold for 
reconstruction is surpassed. Alternatively, EPA could determine that it 
is appropriate to exempt sources in individual cases or to exempt 
identifiable groups of sources where NSPS compliance is not 
``technologically or economically feasible,'' which is consistent with 
section 111 of the Clean Air Act.
Abstract for [Z060003] and [M060035]
    Q: Does EPA find that benzene emissions that occur from heat 
exchanger leaks at a facility, located in Texas and represented by 
Baker Botts, are to be included in the calculation of the Total Annual 
Benzene (TAB) quantity from facility waste water under the NESHAP for 
Benzene Waste Operations, 40 CFR part 61, subpart FF?
    A: Yes. EPA finds that neither benzene emissions occurring from 
non-contact heat exchanger leaks into cooling tower water nor benzene

[[Page 70392]]

quantities from ``contact heat exchangers'' qualify for the exemption 
or exclusion from the required benzene calculation (TAB) under the 
NESHAP for Benzene Waste Operations, 40 CFR part 61, subpart FF. 
Therefore, waste in the form of gases or vapors that is emitted from 
process fluids is required to be part of the calculation of the total 
annual benzene quantity in facility waste generation. This 
determination is based on the fact that the benzene emissions are 
directly generated by the respective process, and are neither the 
result of leakage nor of process offgas.
Abstract for [0600082]
    Q: Does EPA approve a request for an alternative monitoring plan 
for a hydrogen production facility to allow grab sampling of refinery 
fuel gas combusted in the two reformer furnaces on a staggered 
schedule, as opposed to installing a continuous emissions monitoring 
system (CEMS), under 40 CFR part 60, subpart J, at the Air Products and 
Chemicals hydrogen production facility at the Exxon Mobil refinery in 
Joliet, Illinois?
    A: Yes. EPA conditionally approves the request for an alternative 
monitoring plan under NSPS subpart J, provided the facility meets the 
conditions and terms of approval specified in EPA's response. This AMP 
approval is consistent with the EPA guidance entitled ``Alternative 
Monitoring Plan for NSPS Subpart J Refinery Fuel Gas: Conditions for 
Approval of the Alternative Monitoring Plan for Miscellaneous Refinery 
Fuel Gas Streams.''

    Dated: November 22, 2006.
Lisa C. Lund,
Acting Director, Office of Compliance.
[FR Doc. E6-20440 Filed 12-1-06; 8:45 am]
BILLING CODE 6560-50-P