[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38085-38095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13505]



[[Page 38085]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-0544; FRL-9947-30-OAR]
RIN 2060-AS94


National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to amend the National Emission Standards for Hazardous Air 
Pollutants for Secondary Aluminum Production (Secondary Aluminum 
NESHAP). This direct final rule amends the final rule that was 
published in the Federal Register on September 18, 2015, by correcting 
inadvertent errors, clarifying rule requirements for initial 
performance tests and submittal of malfunction reports, providing an 
additional option for new round top furnaces to account for unmeasured 
emissions during compliance testing, and clarifying what constitutes a 
change in furnace operating mode. The direct final rule also updates 
Web site addresses for the EPA's Electronic Reporting Tool (ERT) and 
the Compliance and Emissions Data Reporting Interface (CEDRI). These 
amendments will help to improve compliance and implementation of the 
rule.

DATES: This rule is effective on September 12, 2016 without further 
notice, unless the EPA receives adverse comment by July 28, 2016 If the 
EPA receives adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by June 20, 2016 we will hold a public hearing on June 
28, 2016 on the EPA campus at 109 T.W. Alexander Drive, Research 
Triangle Park, North Carolina.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2010-0544, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Rochelle Boyd, Sector Policies and 
Programs Division (D243-02), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-1390; fax 
number: (919) 541-3207; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Organization of This Document. The information in this preamble is 
organized as follows:

I. General Information
    A. Why is the EPA publishing a direct final rule?
    B. Does this direct final rule apply to me?
    C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments made by this direct final rule?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Why is the EPA publishing a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposed rule to amend the Secondary Aluminum 
NESHAP, if adverse comments are received on this direct final rule. We 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document.
    If the EPA receives adverse comment on all or a distinct portion of 
this direct final rule, we will publish a timely withdrawal in the 
Federal Register informing the public that some or all of this direct 
final rule will not take effect. We would address all public comments 
in any subsequent final rule based on the proposed rule.

B. Does this direct final rule apply to me?

    Categories and entities potentially regulated by this direct final 
rule include:

------------------------------------------------------------------------
                 Category                          NAICS code \1\
------------------------------------------------------------------------
Primary Aluminum Production Facilities...  331312
Secondary Aluminum Production Facilities.  331314
Aluminum Sheet, Plate, and Foil            331315
 Manufacturing Facilities.
Aluminum Extruded Product Manufacturing    331316
 Facilities.
Other Aluminum Rolling and Drawing         331319
 Facilities.
Aluminum Die Casting Facilities..........  331521
Aluminum Foundry Facilities..............  331524
------------------------------------------------------------------------
\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 
direct final rule. To determine whether your facility is affected, you 
should examine the applicability criteria in 40 CFR 63.1500. If you 
have any questions regarding the applicability of any aspect of this 
action to a particular entity, consult either the air permitting 
authority for the entity or your EPA Regional representative as listed 
in 40 CFR 63.13.

[[Page 38086]]

C. What should I consider as I prepare my comments for the EPA?

    Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comments that includes information claimed as 
CBI, a copy of the comments that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: OAQPS Document Control 
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, Attention Docket ID No. 
EPA-HQ-OAR-2010-0544.

II. What are the amendments made by this direct final rule?

    This direct final rule amends the table in Appendix A titled 
``Appendix A to Subpart RRR of Part 63--General Provisions 
Applicability to Subpart RRR.'' As published in the Federal Register on 
September 18, 2015, the table consisted of three columns labeled 
``Citation,'' ``Applies to RRR,'' and ``Comment.'' The EPA had intended 
to include a fourth column labeled ``Requirement,'' but this column was 
inadvertently omitted from the September 18, 2015, publication in the 
Federal Register. We are revising the table by adding a column labeled 
``Requirement,'' which contains a brief description of the cited 
General Provision and republishing the entire table with appropriate 
updated information and clarifications. This amendment will provide 
additional information to the public on the content of the General 
Provision citations.
    In response to stakeholder feedback, this direct final rule also 
amends 40 CFR 63.1514(e), which contains the limits on the frequency of 
changing furnace operating mode. The amendment clarifies that a change 
from one operating mode and subsequently back to the initial mode 
constitutes a single change. With respect to the options available to 
new round top furnaces to account for unmeasured emissions during 
compliance testing, this direct final rule also amends 40 CFR 
63.1512(e)(5) to extend to new round top furnaces a compliance testing 
option to account for unmeasured emissions during compliance testing 
that is already available to uncontrolled group 1 furnaces. With this 
amendment, new round top furnaces will now have the option of assuming 
an 80-percent capture efficiency for the furnace exhaust during 
testing. We are adding 40 CFR 63.1516(b)(4) of the reporting 
requirements to clarify that malfunction reports required by 40 CFR 
63.1516(d) must be submitted as part of the semiannual excess 
emissions/summary reports required by 40 CFR 63.1516(b). With respect 
to reconstructed sources, we are revising 40 CFR 63.1511(b) to clarify 
that under this provision reconstructed sources will be treated like 
new sources. In addition to correcting several minor typographical 
errors, we are correcting the inadvertent deletion of 40 CFR 
63.1510(e)(1) and (2) from the regulatory text. These provisions relate 
to equipment accuracy and calibration and were previously codified when 
the Secondary Aluminum NESHAP was originally promulgated in 2000. The 
September 18, 2015, action mistakenly removed these provisions. This 
rulemaking replaces these provisions in the regulatory text to ensure 
that the regulated community has a clear understanding of the 
applicable compliance requirements.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulation (40 CFR part 63, 
subpart RRR), and has assigned OMB control number 2060-0433. This 
action does not change the information collection requirements.

 C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
does not create any new requirements or burdens and no costs are 
associated with this direct final action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments.
    The action imposes no enforceable duty on any state, local, or 
tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. There are no secondary aluminum production 
facilities owned or operated by tribal governments. Thus, Executive 
Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

[[Page 38087]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this section will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. This action does not affect the level of 
protection provided to human health or the environment. The final 
amendments are either clarifications or corrections of compliance 
alternatives that will neither increase or decrease environmental 
protection.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: May 27, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I, part 63 of the Code 
of Federal Regulations (CFR) as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart RRR--National Emission Standards for Hazardous Air 
Pollutants for Secondary Aluminum Production

0
2. Section 63.1510 is amended by revising paragraph (b) introductory 
text and adding paragraphs (e)(1) and (2) to read as follows:


Sec.  63.1510  Monitoring requirements.

* * * * *
    (b) Operation, maintenance, and monitoring (OM&M) plan. The owner 
or operator must prepare and implement for each new or existing 
affected source and emission unit, a written OM&M plan. The owner or 
operator of an existing affected source must submit the OM&M plan to 
the permitting authority for major sources, or the Administrator for 
area sources no later than the compliance date established by Sec.  
63.1501. The owner or operator of any new affected source must submit 
the OM&M plan to the permitting authority for major sources, or the 
Administrator for area sources within 90 days after a successful 
initial performance test under Sec.  63.1511(b), or within 90 days 
after the compliance date established by Sec.  63.1501 if no initial 
performance test is required. The plan must be accompanied by a written 
certification by the owner or operator that the OM&M plan satisfies all 
requirements of this section and is otherwise consistent with the 
requirements of this subpart. The owner or operator must comply with 
all of the provisions of the OM&M plan as submitted to the permitting 
authority for major sources, or the Administrator for area sources, 
unless and until the plan is revised in accordance with the following 
procedures. If the permitting authority for major sources, or the 
Administrator for area sources determines at any time after receipt of 
the OM&M plan that any revisions of the plan are necessary to satisfy 
the requirements of this section or this subpart, the owner or operator 
must promptly make all necessary revisions and resubmit the revised 
plan. If the owner or operator determines that any other revisions of 
the OM&M plan are necessary, such revisions will not become effective 
until the owner or operator submits a description of the changes and a 
revised plan incorporating them to the permitting authority for major 
sources, or the Administrator for area sources. Each plan must contain 
the following information:
* * * * *
    (e) * * *
    (1) The accuracy of the weight measurement device or procedure must 
be 1 percent of the weight being measured. The owner or 
operator may apply to the permitting agency for approval to use a 
device of alternative accuracy if the required accuracy cannot be 
achieved as a result of equipment layout or charging practices. A 
device of alternative accuracy will not be approved unless the owner or 
operator provides assurance through data and information that the 
affected source will meet the relevant emission standard.
    (2) The owner or operator must verify the calibration of the weight 
measurement device in accordance with the schedule specified by the 
manufacturer, or if no calibration schedule is specified, at least once 
every 6 months.
* * * * *

0
3. Section 63.1511 is amended by revising paragraph (b) introductory 
text and paragraph (i) heading to read as follows:


Sec.  63.1511  Performance test/compliance demonstration general 
requirements.

* * * * *
    (b) Initial performance test. Following approval of the site-
specific test plan, the owner or operator must demonstrate initial 
compliance with each applicable emission, equipment, work practice, or 
operational standard for each affected source and emission unit, and 
report the results in the notification of compliance status report as 
described in Sec.  63.1515(b). The owner or operator of any affected 
source constructed before February 14, 2012, for which an initial 
performance test is required to demonstrate compliance must conduct 
this initial performance test no later than the date for compliance 
established by Sec.  63.1501. The owner or operator of any affected 
source constructed or reconstructed after February 14, 2012, for which 
an initial performance test is required must conduct this initial 
performance test within 180 days after the date for compliance 
established by Sec.  63.1501. Except for the date by which the 
performance test must be conducted, the owner or operator must conduct 
each performance test in accordance with the requirements and 
procedures set forth in Sec.  63.7(c). Owners or operators of affected 
sources located at facilities which are area sources are subject only 
to those performance testing requirements pertaining to D/F. Owners or 
operators of sweat furnaces meeting the specifications of Sec.  
63.1505(f)(1) are not required to conduct a performance test.
* * * * *
    (i) Testing of commonly-ducted units not within a secondary 
aluminum processing unit. * * *
* * * * *

0
4. Section 63.1512 is amended by revising paragraph (e)(4) introductory 
text, paragraph (e)(4)(v), and paragraph (e)(5) to read as follows:


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

* * * * *
    (e) * * *
    (4) When testing an existing uncontrolled furnace, the owner or 
operator must comply with the requirements of either paragraphs

[[Page 38088]]

(e)(4)(i), (ii), or (iii) of this section at the next required 
performance test required by Sec.  63.1511(e).
* * * * *
    (v) Round top furnaces constructed before February 14, 2012, and 
reconstructed round top furnaces are exempt from the requirements of 
paragraphs (e)(4)(i), (ii), and (iii) of this section. Round top 
furnaces must be operated to minimize unmeasured emissions according to 
paragraph (e)(7) of this section.
    (5) When testing a new uncontrolled furnace, other than a new round 
top furnace, constructed after February 14, 2012, the owner or operator 
must comply with the requirements of paragraph (e)(5)(i) or (ii) of 
this section at the next required performance test required by Sec.  
63.1511(e). When testing a new round top furnace constructed after 
February 14, 2012, the owner or operator must comply with the 
requirements of either paragraphs (e)(5)(i), (ii), or (iii) of this 
section at the next required performance test required by Sec.  
63.1511(e).
    (i) Install hooding that meets ACGIH Guidelines (incorporated by 
reference, see Sec.  63.14), or
    (ii) At least 180 days prior to testing petition the permitting 
authority for major sources, or the Administrator for area sources, 
that such hoods are impractical under the provisions of paragraph 
(e)(6) of this section and propose testing procedures that will 
minimize unmeasured emissions during the performance test according to 
the paragraph (e)(7) of this section, or
    (iii) Assume an 80-percent capture efficiency for the furnace 
exhaust (i.e., multiply emissions measured at the furnace exhaust 
outlet by 1.25). If the source fails to demonstrate compliance using 
the 80-percent capture efficiency assumption, the owner or operator 
must re-test with a hood that meets the ACGIH Guidelines within 180 
days, or petition the permitting authority for major sources, or the 
Administrator for area sources, within 180 days that such hoods are 
impractical under the provisions of paragraph (e)(6) of this section 
and propose testing procedures that will minimize unmeasured emissions 
during the performance test according to paragraph (e)(7) of this 
section.
    (iv) The 80-percent capture efficiency assumption is not applicable 
in the event of testing conducted under an approved petition submitted 
pursuant to paragraphs (e)(5)(ii) or (iii) of this section.
* * * * *

0
5. Section 63.1513 is amended by revising paragraph (f)(2) to read as 
follows:


Sec.  63.1513  Equations for determining compliance.

* * * * *
    (f) * * *
    (2) For periods of startup and shutdown, divide your measured 
emissions in lb/hr or [micro]g/hr or ng/hr by the feed/charge rate in 
tons/hr or Mg/hr from your most recent performance test associated with 
a production rate greater than zero, or the rated capacity of the 
affected source if no prior performance test data are available.

0
6. Section 63.1514 is amended by revising paragraphs (e) heading and 
(e)(1) to read as follows:


Sec.  63.1514  Change of furnace classification.

* * * * *
    (e) Limit on frequency of changing furnace operating mode. (1) A 
change in furnace operating mode, which consists of changing from one 
furnace operating mode to another and subsequently back to the initial 
operating mode, as provided in paragraphs (a) through (d) of this 
section, may not be done more frequently than 4 times in any 6-month 
period unless you receive approval from the permitting authority or 
Administrator for additional changes pursuant to paragraph (e)(2).
* * * * *

0
7. Section 63.1515 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec.  63.1515  Notifications.

* * * * *
    (b) Notification of compliance status report. Each owner or 
operator of an existing affected source must submit a notification of 
compliance status report within 60 days after the compliance date 
established by Sec.  63.1501. Each owner or operator of a new affected 
source must submit a notification of compliance status report within 90 
days after conducting the initial performance test required by Sec.  
63.1511(b), or within 90 days after the compliance date established by 
Sec.  63.1501 if no initial performance test is required. The 
notification must be signed by the responsible official who must 
certify its accuracy. A complete notification of compliance status 
report must include the information specified in paragraphs (a)(1) 
through (10) of this section. The required information may be submitted 
in an operating permit application, in an amendment to an operating 
permit application, in a separate submittal, or in any combination. In 
a State with an approved operating permit program where delegation of 
authority under section 112(l) of the CAA has not been requested or 
approved, the owner or operator must provide duplicate notification to 
the applicable Regional Administrator. If an owner or operator submits 
the information specified in this section at different times or in 
different submittals, later submittals may refer to earlier submittals 
instead of duplicating and resubmitting the information previously 
submitted. A complete notification of compliance status report must 
include:
* * * * *

0
8. Section 63.1516 is amended by revising paragraph (b)(3)(i)(A), 
adding paragraph (b)(4), and revising paragraph (d) to read as follows:


Sec.  63.1516  Reports.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (A) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www3.epa.gov/ttn/chief/ert/ert_info.html), you must submit the 
results of the performance test to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site. If you claim that some of the performance test 
information being submitted is confidential business information (CBI), 
you must submit a complete file generated through the use of the EPA's 
ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT Web site, including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage media to the EPA. The electronic media must be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph.
* * * * *
    (4) A malfunction report that is required under paragraph (d) of 
this section shall be submitted

[[Page 38089]]

simultaneously with the semiannual excess emissions/summary report 
required by paragraph (b) of this section.
* * * * *
    (d) If there was a malfunction during the reporting period, the 
owner or operator must submit a report that includes the emission unit 
ID, monitor ID, pollutant or parameter monitored, beginning date and 
time of the event, end date and time of the event, cause of the 
deviation or exceedance and corrective action taken for each 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must include a list of the affected source or equipment, an 
estimate of the quantity of each regulated pollutant emitted over any 
emission limit, and a description of the method used to estimate the 
emissions, including, but not limited to, product-loss calculations, 
mass balance calculations, measurements when available, or engineering 
judgment based on known process parameters. The report must also 
include a description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  63.1506(a)(5).
* * * * *

0
9. Section 63.1517 is amended by revising paragraph (b)(18)(ii) to read 
as follows:


Sec.  63.1517  Records.

* * * * *
    (b) * * *
    (18) * * *
    (ii) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  63.1506(a)(5), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
* * * * *
0
10. Table 1 to Subpart RRR of part 63 is revised to read as follows:

BILLING CODE 6560-50-P

[[Page 38090]]

[GRAPHIC] [TIFF OMITTED] TR13JN16.012


[[Page 38091]]


[GRAPHIC] [TIFF OMITTED] TR13JN16.013

BILLING CODE 6560-50-C

[[Page 38092]]


0
11. Table 2 to Subpart RRR of part 63 is amended by revising the entry 
``Group 1 furnace without add-on air pollution controls (including 
those that are part of a secondary aluminum processing unit)'' 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 unit              Monitor type/operation/process            Operating requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Group 1 furnace without add-on air   Reactive flux injection rate...................  Maintain the total
 pollution controls (including                                                         reactive chlorine flux
 those that are part of a secondary                                                    injection rate and total
 aluminum processing unit).                                                            reactive fluorine flux
                                                                                       injection rate for each
                                                                                       operating cycle or time
                                                                                       period used in the
                                                                                       performance test at or
                                                                                       below the average rate
                                                                                       established during the
                                                                                       performance test.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
12. Table 3 to Subpart RRR of part 63 is amended by:
0
a. Revising the entry ``In-line fluxer with lime-injected fabric 
filter;''
0
b. Revising the entry ``Group 1 furnace with lime-injected fabric 
filter:'' and
0
c. Revising footnote d to Table 3.
    The revisions read as follows:

 Table 3 to Subpart RRR of Part 63--Summary of Monitoring Requirements for New and Existing Affected Sources and
                                                 Emission Units
----------------------------------------------------------------------------------------------------------------
   Affected source/emission unit              Monitor type/operation/process            Operating requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
In-line fluxer with lime-injected    Bag leak detector or...........................  Install and operate in
 fabric filter.                                                                        accordance with
                                                                                       manufacturer's operating
                                                                                       instructions.
                                     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.
                                     Reactive flux injection rate...................  Weight measurement device
                                                                                       accuracy of 1%; \b\ calibrate
                                                                                       according to
                                                                                       manufacturer's
                                                                                       specifications or at
                                                                                       least once every 6
                                                                                       months; record time,
                                                                                       weight and type of
                                                                                       reactive flux added or
                                                                                       injected for each 15-
                                                                                       minute block period while
                                                                                       reactive fluxing occurs;
                                                                                       calculate and record
                                                                                       total reactive chlorine
                                                                                       flux injection rate and
                                                                                       the total reactive
                                                                                       fluorine flux injection
                                                                                       rate for each operating
                                                                                       cycle or time period used
                                                                                       in performance test; or
                                                                                       Alternative flux
                                                                                       injection rate
                                                                                       determination procedure
                                                                                       per Sec.   63.1510(j)(5).
                                                                                       For solid flux added
                                                                                       intermittently, record
                                                                                       the amount added for each
                                                                                       operating cycle or time
                                                                                       period used in the
                                                                                       performance test.
 
                                                  * * * * * * *
Group 1 furnace with lime-injected   Bag leak detector or...........................  Install and operate in
 fabric filter.                                                                        accordance with
                                                                                       manufacturer's operating
                                                                                       instructions.
                                     COM............................................  Design and install in
                                                                                       accordance with PS-1;
                                                                                       collect data in
                                                                                       accordance with subpart A
                                                                                       of 40 part CFR 63;
                                                                                       determine and record 6-
                                                                                       minute block averages.
                                     Lime injection rate............................  For continuous injection
                                                                                       systems, record feeder
                                                                                       setting daily and inspect
                                                                                       each feed hopper 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.\c\ Verify
                                                                                       monthly that the lime
                                                                                       injection rate is no less
                                                                                       than 90 percent of the
                                                                                       rate used during the
                                                                                       compliance demonstration
                                                                                       test.
                                     Reactive flux injection rate...................  Weight measurement device
                                                                                       accuracy of 1%; \b\ calibrate
                                                                                       every 3 months; record
                                                                                       weight and type of
                                                                                       reactive flux added or
                                                                                       injected for each 15-
                                                                                       minute block period while
                                                                                       reactive fluxing occurs;
                                                                                       calculate and record
                                                                                       total reactive chlorine
                                                                                       flux injection rate and
                                                                                       the total reactive
                                                                                       fluorine flux injection
                                                                                       rate for each operating
                                                                                       cycle or time period used
                                                                                       in performance test; or
                                                                                       Alternative flux
                                                                                       injection rate
                                                                                       determination procedure
                                                                                       per Sec.   63.1510(j)(5).
                                                                                       For solid flux added
                                                                                       intermittently, record
                                                                                       the amount added for each
                                                                                       operating cycle or time
                                                                                       period used in the
                                                                                       performance test.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\b\ Permitting agency may approve measurement devices of alternative accuracy, for example in cases where flux
  rates are very low and costs of meters of specified accuracy are prohibitive; or where feed/charge weighing
  devices of specified accuracy are not practicable due to equipment layout or charging practices.

[[Page 38093]]

 
\c\ Permitting authority for major sources, or the Administrator for area sources may approve other alternatives
  including load cells for lime hopper weight, sensors for carrier gas pressure, or HCl monitoring devices at
  fabric filter outlet.
\d\ The frequency of volumetric flow rate measurements may be decreased to once every 5 years if daily
  differential pressure measures, daily fan RPM, or daily fan motor amp measurements are made in accordance with
  Sec.   63.1510(d)(2)(ii)-(iii). The frequency of annual verification of a permanent total enclosure may be
  decreased to once every 5 years if negative pressure measurements in the enclosure are made daily in
  accordance with Sec.   63.1510(d)(2)(iv). In lieu of volumetric flow rate measurements or verification of
  permanent total enclosure, sweat furnaces may demonstrate annually negative air flow into the sweat furnace
  opening in accordance with Sec.   63.1510(d)(3).
 
 * * * * * * *


0
13. Revise Appendix A to Subpart RRR of part 63 to read as follows:

              Appendix A to Subpart RRR of Part 63--General Provisions Applicability to Subpart RRR
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement             Applies to RRR              Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(4)................  General Applicability..  Yes....................
Sec.   63.1(a)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.1(a)(6)....................  .......................  Yes....................
Sec.   63.1(a)(7)-(9)................  .......................  No.....................  [Reserved].
Sec.   63.1(a)(10)-(12)..............  .......................  Yes....................
Sec.   63.1(b).......................  Initial Applicability    Yes....................  EPA retains approval
                                        Determination.                                    authority.
Sec.   63.1(c)(1)....................  Applicability After      Yes....................
                                        Standard Established.
Sec.   63.1(c)(2)....................  .......................  Yes....................  Sec.   63.1500(e)
                                                                                          exempts area sources
                                                                                          subject to this
                                                                                          subpart from the
                                                                                          obligation to obtain
                                                                                          Title V operating
                                                                                          permits.
Sec.   63.1(c)(3)-(4)................  .......................  No.....................  [Reserved].
Sec.   63.1(c)(5)....................  .......................  Yes....................
Sec.   63.1(d).......................  .......................  No.....................  [Reserved].
Sec.   63.1(e).......................  Applicability of Permit  Yes....................
                                        Program.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          in Sec.   63.1503.
Sec.   63.3..........................  Units and Abbreviations  Yes....................
Sec.   63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec.   63.4(a)(3)-(5)................  .......................  No.....................  [Reserved].
Sec.   63.4(b).......................  Circumvention..........  Yes....................
Sec.   63.4(c).......................  Fragmentation..........  Yes....................
Sec.   63.5(a).......................  Applicability of         Yes....................
                                        Preconstruction Review
                                        and Notification.
Sec.   63.5(b)(1)....................  Requirements for         Yes....................
                                        Existing, Newly,
                                        Constructed Sources
                                        and Reconstructed
                                        Sources.
Sec.   63.5(b)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.5(b)(3)-(4)................  .......................  Yes....................
Sec.   63.5(b)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.5(b)(6)....................  .......................  Yes....................
Sec.   63.5(c).......................  .......................  No.....................  [Reserved].
Sec.   63.5(d).......................  Application for          Yes....................
                                        Approval of
                                        Construction or
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................
                                        Construction or
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................
                                        Construction or
                                        Reconstruction Based
                                        on Prior State
                                        Preconstruction Review.
Sec.   63.6(a).......................  Applicability for        Yes....................
                                        Compliance with
                                        Standards and
                                        Maintenance
                                        Requirements.
Sec.   63.6(b)(1)-(5)................  Compliance Dates for     Yes....................  Sec.   63.1501
                                        New and Reconstructed                             specifies dates.
                                        Sources.
Sec.   63.6(b)(6)....................  .......................  No.....................  [Reserved].
Sec.   63.6(b)(7)....................  .......................  Yes....................
Sec.   63.6(c)(1)....................  Compliance Dates for     Yes....................  Sec.   63.1501
                                        Existing Sources.                                 specifies dates.
Sec.   63.6(c)(2)....................  .......................  Yes....................
Sec.   63.6(c)(3)-(4)................  .......................  No.....................  [Reserved].
Sec.   63.6(c)(5)....................  .......................  Yes....................
Sec.   63.6(d).......................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(1)(i).................  Operation and            No.....................  See Sec.
                                        Maintenance                                       63.1506(a)(5) for
                                        Requirements.                                     general duty
                                                                                          requirement. Any other
                                                                                          cross reference to
                                                                                          Sec.   63.6(3)(1)(i)
                                                                                          in any other general
                                                                                          provision referenced
                                                                                          shall be treated as a
                                                                                          cross reference to
                                                                                          Sec.   63.1506(a)(5).

[[Page 38094]]

 
Sec.   63.6(e)(1)(ii)................  .......................  No.....................
Sec.   63.6(e)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(3)....................  Startup, Shutdown, and   No.....................
                                        Malfunction Plan.
Sec.   63.6(f)(1)....................  Compliance with          No.....................
                                        Nonopacity Emission
                                        Standards.
Sec.   63.6(f)(2)....................  .......................  Yes....................
Sec.   63.6(g).......................  Use of an Alternative    No.....................
                                        Nonopacity Emission
                                        Standard.
Sec.   63.6(h)(1)....................  Applicability for        No.....................
                                        Compliance with
                                        Opacity and Visible
                                        Emission Standards.
Sec.   63.6(h)(2)....................  Methods for Determining  Yes....................
                                        Compliance.
Sec.   63.6(h)(3)....................  .......................  No.....................  [Reserved].
Sec.   63.6(h)(4)-(9)................  .......................  Yes....................
Sec.   63.6(i)(1)-(14)...............  Extension of Compliance  Yes....................
Sec.   63.6(i)(15)...................  .......................  No.....................  [Reserved].
Sec.   63.6(i)(16)...................  .......................  Yes....................
Sec.   63.6(j).......................  Exemption from           Yes....................
                                        Compliance.
Sec.   63.7(a).......................  Applicability and        Yes....................  Except Sec.   63.1511
                                        Performance Test Dates.                           establishes dates for
                                                                                          initial performance
                                                                                          tests.
Sec.   63.7(b).......................  Notification of          Yes....................
                                        Performance Test.
Sec.   63.7(c).......................  Quality Assurance        Yes....................
                                        Program.
Sec.   63.7(d).......................  Performance Testing      Yes....................
                                        Facilities.
Sec.   63.7(e)(1)....................  Conduct of Performance   No.....................
                                        Tests.
Sec.   63.7(e)(2)....................  .......................  Yes....................
Sec.   63.7(e)(3)....................  .......................  Yes....................
Sec.   63.7(f).......................  Use of an Alternative    Yes....................
                                        Test Method.
Sec.   63.7(g)(1)-(3)................  Data Analysis,           Yes....................  Except for Sec.
                                        Recordkeeping, and                                63.7(g)(2), which is
                                        Reporting.                                        reserved.
Sec.   63.7(h)(1)-(5)................  Waiver of Performance    Yes....................
                                        Tests.
Sec.   63.8(a)(1)....................  Applicability for        Yes....................
                                        Monitoring
                                        Requirements.
Sec.   63.8(a)(2)....................  .......................  Yes....................
Sec.   63.8(a)(3)....................  .......................  No.....................  [Reserved].
Sec.   63.8(a)(4)....................  .......................  Yes....................
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec.   63.8(c)(1)(i).................  Operation and            No.....................  See Sec.
                                        Maintenance of                                    63.1506(a)(5) for
                                        Continuous Monitoring                             general duty
                                        Systems (CMS).                                    requirement.
Sec.   63.8(c)(1)(ii)................  .......................  Yes....................
Sec.   63.8(c)(1)(iii)...............  .......................  No.....................
Sec.   63.8(c)(2)-(8)................  .......................  Yes....................
Sec.   63.8(d)(1)-(2)................  Quality Control Program  Yes....................
Sec.   63.8(d)(3)....................  .......................  Yes, except for last
                                                                 sentence, which refers
                                                                 to an SSM plan. SSM
                                                                 plans are not required.
Sec.   63.8(e).......................  Performance Evaluation   Yes....................
                                        of CMS.
Sec.   63.8(f)(1)-(5)................  Use of an Alternative    No.....................  Sec.   63.1501(w)
                                        Monitoring Method.                                includes provisions
                                                                                          for monitoring
                                                                                          alternatives.
Sec.   63.8(f)(6)....................  Alternative to the       Yes....................
                                        Relative Accuracy Test.
Sec.   63.8(g)(1)....................  Reduction of Monitoring  Yes....................
                                        Data.
Sec.   63.8(g)(2)....................  .......................  No.....................  Sec.   63.1512 requires
                                                                                          five 6-minute averages
                                                                                          for an aluminum scrap
                                                                                          shredder.
Sec.   63.8(g)(3)-(5)................  .......................  Yes....................
Sec.   63.9(a).......................  Applicability and        Yes....................
                                        General Information
                                        for Notification
                                        Requirements.
Sec.   63.9(b)(1)-(5)................  Initial Notifications..  Yes....................  Except Sec.
                                                                                          63.9(b)(3) is
                                                                                          reserved.
Sec.   63.9(c).......................  Request for Compliance   Yes....................
                                        Extension.
Sec.   63.9(d).......................  Notification that        Yes....................
                                        Source is Subject to
                                        Special Compliance
                                        Requirements.
Sec.   63.9(e).......................  Notification of          Yes....................
                                        Performance Test.
Sec.   63.9(f).......................  Notification of Opacity  Yes....................
                                        and Visible Emission
                                        Observations.
Sec.   63.9(g).......................  Additional Notification  Yes....................
                                        Requirement for
                                        Sources with CMS.

[[Page 38095]]

 
Sec.   63.9(h)(1)-(3)................  Notification of          Yes....................  Except Sec.   63.1515
                                        Compliance Status.                                establishes dates
                                                                                          notification of
                                                                                          compliance status
                                                                                          reports.
Sec.   63.9(h)(4)....................  .......................  No.....................  [Reserved].
Sec.   63.9(h)(5)-(6)................  .......................  Yes....................
Sec.   63.9(i).......................  Adjustment of Deadlines  Yes....................
                                        for Required
                                        Communications.
Sec.   63.9(j).......................  Change in Information    Yes....................
                                        Already Provided.
Sec.   63.10(a)......................  Applicability and        Yes....................
                                        General Information
                                        for Recordkeeping and
                                        Reporting Requirements.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................
                                        Requirements.
Sec.   63.10(b)(2)(i), (ii), (iv),     .......................  No.....................
 (v).
Sec.   63.10(b)(2)(iii), (vi)-(xiv)..  .......................  Yes....................  Sec.   63.1517 includes
                                                                                          additional
                                                                                          requirements.
Sec.   63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirement for
                                        Applicability
                                        Determinations.
Sec.   63.10(c)(1)...................  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(c)(2)-(4)...............  .......................  No.....................  [Reserved].
Sec.   63.10(c)(5)...................  .......................  Yes....................
Sec.   63.10(c)(6)...................  .......................  Yes....................
Sec.   63.10(c)(7)-(8)...............  .......................  Yes....................
Sec.   63.10(c)(9)...................  .......................  No.....................  [Reserved].
Sec.   63.10(c)(10)-(13).............  .......................  Yes....................
Sec.   63.10(c)(14)..................  .......................  Yes....................
Sec.   63.10(c)(15)..................  .......................  No.....................
Sec.   63.10(d)(1)...................  General Reporting        Yes....................
                                        Requirements.
Sec.   63.10(d)(2)...................  Reporting Results of     Yes....................
                                        Performance Tests.
Sec.   63.10(d)(3)...................  Reporting Results of     Yes....................
                                        Opacity or Visible
                                        Emission Observations.
Sec.   63.10(d)(4)...................  Progress Reports.......  No.....................  See Sec.   63.1516(d).
Sec.   63.10(d)(5)...................  Periodic Startup,        No.....................  See Sec.   63.1516(d).
                                        Shutdown, and
                                        Malfunction Reports.
Sec.   63.10(e)(1)-(2)...............  Additional Reporting     Yes....................
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(e)(3)...................  Excess Emissions and     Yes....................  Reporting deadline
                                        CMS Performance Report                            given in Sec.
                                        and Summary Report.                               63.1516.
Sec.   63.10(e)(4)...................  Continuous Opacity       Yes....................
                                        Monitoring System
                                        (COMS) Data Produced
                                        During a Performance
                                        Test.
Sec.   63.10(f)......................  Waiver of Recordkeeping  Yes....................
                                        or Reporting
                                        Requirements.
Sec.   63.11(a)-(e)..................  Control Device and Work  No.....................  Flares not applicable.
                                        Practice Requirements.
Sec.   63.12(a)-(c)..................  State Authority and      Yes....................  EPA retains authority
                                        Delegations.                                      for applicability
                                                                                          determinations.
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  Incorporations by        Yes....................  ACGIH Guidelines, ASTM
                                        Reference.                                        D7520-13, and Interim
                                                                                          Procedures for
                                                                                          Estimating Risks
                                                                                          Associated with
                                                                                          Exposures to Mixtures
                                                                                          of Chlorinated Dibenzo-
                                                                                          p-Dioxins and -
                                                                                          Dibenzofurans (CDDs
                                                                                          and CDFs) and 1989
                                                                                          Update.
Sec.   63.15.........................  Availability of          Yes....................
                                        Information and
                                        Confidentiality.
Sec.   63.16.........................  Performance Track        No.....................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-13505 Filed 6-10-16; 8:45 am]
BILLING CODE 6560-50-P