81_FR_38198 81 FR 38085 - National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production

81 FR 38085 - National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range38085-38095
FR Document2016-13505

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.

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38085-38095]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13505]



[[Page 38085]]

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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



                                                                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                               38085

                                                ENVIRONMENTAL PROTECTION                                Business Information (CBI) or other                    I. General Information
                                                AGENCY                                                  information whose disclosure is
                                                                                                                                                               A. Why is the EPA publishing a direct
                                                                                                        restricted by statute. Multimedia
                                                40 CFR Part 63                                                                                                 final rule?
                                                                                                        submissions (audio, video, etc.) must be
                                                [EPA–HQ–OAR–2010–0544; FRL–9947–30–                     accompanied by a written comment.                         The EPA is publishing this direct final
                                                OAR]                                                    The written comment is considered the                  rule without a prior proposed rule
                                                                                                        official comment and should include                    because we view this as a
                                                RIN 2060–AS94                                           discussion of all points you wish to                   noncontroversial action and anticipate
                                                                                                        make. The EPA will generally not                       no adverse comment. However, in the
                                                National Emission Standards for
                                                                                                        consider comments or comment                           ‘‘Proposed Rules’’ section of this
                                                Hazardous Air Pollutants for
                                                                                                        contents located outside of the primary                Federal Register, we are publishing a
                                                Secondary Aluminum Production
                                                                                                        submission (i.e., on the Web, cloud, or                separate document that will serve as the
                                                AGENCY: Environmental Protection                        other file sharing system). For                        proposed rule to amend the Secondary
                                                Agency (EPA).                                           additional submission methods, the full                Aluminum NESHAP, if adverse
                                                ACTION: Direct final rule.                              EPA public comment policy,                             comments are received on this direct
                                                                                                        information about CBI or multimedia                    final rule. We will not institute a second
                                                SUMMARY:   The Environmental Protection                 submissions, and general guidance on                   comment period on this action. Any
                                                Agency (EPA) is taking direct final                     making effective comments, please visit                parties interested in commenting must
                                                action to amend the National Emission                   http://www2.epa.gov/dockets/                           do so at this time. For further
                                                Standards for Hazardous Air Pollutants                  commenting-epa-dockets.                                information about commenting on this
                                                for Secondary Aluminum Production                                                                              rule, see the ADDRESSES section of this
                                                (Secondary Aluminum NESHAP). This                       FOR FURTHER INFORMATION CONTACT:   Ms.
                                                                                                                                                               document.
                                                direct final rule amends the final rule                 Rochelle Boyd, Sector Policies and
                                                                                                        Programs Division (D243–02), Office of                    If the EPA receives adverse comment
                                                that was published in the Federal                                                                              on all or a distinct portion of this direct
                                                Register on September 18, 2015, by                      Air Quality Planning and Standards,
                                                                                                        U.S. Environmental Protection Agency,                  final rule, we will publish a timely
                                                correcting inadvertent errors, clarifying                                                                      withdrawal in the Federal Register
                                                rule requirements for initial                           Research Triangle Park, North Carolina
                                                                                                        27711; telephone number: (919) 541–                    informing the public that some or all of
                                                performance tests and submittal of                                                                             this direct final rule will not take effect.
                                                malfunction reports, providing an                       1390; fax number: (919) 541–3207; and
                                                                                                        email address: boyd.rochelle@epa.gov.                  We would address all public comments
                                                additional option for new round top                                                                            in any subsequent final rule based on
                                                furnaces to account for unmeasured                      SUPPLEMENTARY INFORMATION:                             the proposed rule.
                                                emissions during compliance testing,
                                                and clarifying what constitutes a change                  Organization of This Document. The                   B. Does this direct final rule apply to
                                                in furnace operating mode. The direct                   information in this preamble is                        me?
                                                final rule also updates Web site                        organized as follows:
                                                                                                                                                                 Categories and entities potentially
                                                addresses for the EPA’s Electronic                      I. General Information
                                                                                                                                                               regulated by this direct final rule
                                                Reporting Tool (ERT) and the                               A. Why is the EPA publishing a direct final
                                                                                                                                                               include:
                                                Compliance and Emissions Data                                 rule?
                                                Reporting Interface (CEDRI). These                         B. Does this direct final rule apply to me?
                                                                                                                                                                                                     NAICS
                                                amendments will help to improve                            C. What should I consider as I prepare my                       Category                  code 1
                                                compliance and implementation of the                          comments for the EPA?
                                                rule.                                                   II. What are the amendments made by this               Primary Aluminum Production        331312
                                                                                                              direct final rule?                                 Facilities.
                                                DATES: This rule is effective on
                                                                                                        III. Statutory and Executive Order Reviews             Secondary Aluminum Produc-         331314
                                                September 12, 2016 without further                         A. Executive Order 12866: Regulatory                  tion Facilities.
                                                notice, unless the EPA receives adverse                       Planning and Review and Executive                Aluminum Sheet, Plate, and         331315
                                                comment by July 28, 2016 If the EPA                           Order 13563: Improving Regulation and              Foil Manufacturing Facilities.
                                                receives adverse comment, we will                             Regulatory Review                                Aluminum Extruded Product          331316
                                                publish a timely withdrawal in the                         B. Paperwork Reduction Act (PRA)                      Manufacturing Facilities.
                                                Federal Register informing the public                      C. Regulatory Flexibility Act (RFA)                 Other Aluminum Rolling and         331319
                                                that the rule will not take effect.                                                                              Drawing Facilities.
                                                                                                           D. Unfunded Mandates Reform Act
                                                   Public Hearing. If anyone contacts the                                                                      Aluminum Die Casting Facili-       331521
                                                                                                              (UMRA)                                             ties.
                                                EPA requesting to speak at a public                        E. Executive Order 13132: Federalism                Aluminum Foundry Facilities ...    331524
                                                hearing by June 20, 2016 we will hold                      F. Executive Order 13175: Consultation
                                                a public hearing on June 28, 2016 on the                      and Coordination With Indian Tribal                1 North   American    Industry   Classification
                                                EPA campus at 109 T.W. Alexander                              Governments                                      System.
                                                Drive, Research Triangle Park, North                       G. Executive Order 13045: Protection of                This table is not intended to be
                                                Carolina.                                                     Children From Environmental Health               exhaustive, but rather provides a guide
                                                                                                              Risks and Safety Risks
                                                ADDRESSES: Comments. Submit your                                                                               for readers regarding entities likely to be
                                                                                                           H. Executive Order 13211: Actions
                                                comments, identified by Docket ID No.                                                                          regulated by this direct final rule. To
                                                                                                              Concerning Regulations That
                                                EPA–HQ–OAR–2010–0544, at http://                              Significantly Affect Energy Supply,
                                                                                                                                                               determine whether your facility is
                                                www.regulations.gov. Follow the online                        Distribution, or Use                             affected, you should examine the
mstockstill on DSK3G9T082PROD with RULES




                                                instructions for submitting comments.                      I. National Technology Transfer and                 applicability criteria in 40 CFR 63.1500.
                                                Once submitted, comments cannot be                            Advancement Act (NTTAA)                          If you have any questions regarding the
                                                edited or removed from Regulations.gov.                    J. Executive Order 12898: Federal Actions           applicability of any aspect of this action
                                                The EPA may publish any comment                               To Address Environmental Justice in              to a particular entity, consult either the
                                                received to its public docket. Do not                         Minority Populations and Low-Income              air permitting authority for the entity or
                                                submit electronically any information                         Populations                                      your EPA Regional representative as
                                                you consider to be Confidential                            K. Congressional Review Act (CRA)                   listed in 40 CFR 63.13.


                                           VerDate Sep<11>2014   16:33 Jun 10, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\13JNR1.SGM   13JNR1


                                                38086               Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                C. What should I consider as I prepare                  CFR 63.1512(e)(5) to extend to new                     under the RFA. This action will not
                                                my comments for the EPA?                                round top furnaces a compliance testing                impose any requirements on small
                                                   Do not submit information containing                 option to account for unmeasured                       entities. This action does not create any
                                                CBI to the EPA through http://                          emissions during compliance testing                    new requirements or burdens and no
                                                www.regulations.gov or email. Clearly                   that is already available to uncontrolled              costs are associated with this direct final
                                                mark the part or all of the information                 group 1 furnaces. With this amendment,                 action.
                                                that you claim to be CBI. For CBI                       new round top furnaces will now have
                                                                                                                                                               D. Unfunded Mandates Reform Act
                                                information on a disk or CD–ROM that                    the option of assuming an 80-percent
                                                                                                                                                               (UMRA)
                                                you mail to the EPA, mark the outside                   capture efficiency for the furnace
                                                of the disk or CD–ROM as CBI and then                   exhaust during testing. We are adding                    This action does not contain any
                                                identify electronically within the disk or              40 CFR 63.1516(b)(4) of the reporting                  unfunded mandate as described in
                                                CD–ROM the specific information that                    requirements to clarify that malfunction               UMRA, 2 U.S.C. 1531–1538, and does
                                                is claimed as CBI. In addition to one                   reports required by 40 CFR 63.1516(d)                  not significantly or uniquely affect small
                                                complete version of the comments that                   must be submitted as part of the                       governments.
                                                includes information claimed as CBI, a                  semiannual excess emissions/summary                      The action imposes no enforceable
                                                copy of the comments that does not                      reports required by 40 CFR 63.1516(b).                 duty on any state, local, or tribal
                                                contain the information claimed as CBI                  With respect to reconstructed sources,                 governments or the private sector.
                                                must be submitted for inclusion in the                  we are revising 40 CFR 63.1511(b) to
                                                                                                        clarify that under this provision                      E. Executive Order 13132: Federalism
                                                public docket. Information so marked
                                                will not be disclosed except in                         reconstructed sources will be treated                    This action does not have federalism
                                                accordance with procedures set forth in                 like new sources. In addition to                       implications. It will not have substantial
                                                40 CFR part 2. Send or deliver                          correcting several minor typographical                 direct effects on the states, on the
                                                information identified as CBI only to the               errors, we are correcting the inadvertent              relationship between the national
                                                following address: OAQPS Document                       deletion of 40 CFR 63.1510(e)(1) and (2)               government and the states, or on the
                                                Control Officer (C404–02), OAQPS, U.S.                  from the regulatory text. These                        distribution of power and
                                                Environmental Protection Agency,                        provisions relate to equipment accuracy                responsibilities among the various
                                                Research Triangle Park, North Carolina                  and calibration and were previously                    levels of government.
                                                27711, Attention Docket ID No. EPA–                     codified when the Secondary
                                                                                                        Aluminum NESHAP was originally                         F. Executive Order 13175: Consultation
                                                HQ–OAR–2010–0544.                                                                                              and Coordination With Indian Tribal
                                                                                                        promulgated in 2000. The September
                                                II. What are the amendments made by                     18, 2015, action mistakenly removed                    Governments
                                                this direct final rule?                                 these provisions. This rulemaking                        This action does not have tribal
                                                   This direct final rule amends the table              replaces these provisions in the                       implications, as specified in Executive
                                                in Appendix A titled ‘‘Appendix A to                    regulatory text to ensure that the                     Order 13175. There are no secondary
                                                Subpart RRR of Part 63—General                          regulated community has a clear                        aluminum production facilities owned
                                                Provisions Applicability to Subpart                     understanding of the applicable                        or operated by tribal governments. Thus,
                                                RRR.’’ As published in the Federal                      compliance requirements.                               Executive Order 13175 does not apply
                                                Register on September 18, 2015, the                     III. Statutory and Executive Order                     to this action.
                                                table consisted of three columns labeled                Reviews                                                G. Executive Order 13045: Protection of
                                                ‘‘Citation,’’ ‘‘Applies to RRR,’’ and                                                                          Children From Environmental Health
                                                ‘‘Comment.’’ The EPA had intended to                       Additional information about these
                                                                                                        statutes and Executive Orders can be                   Risks and Safety Risks
                                                include a fourth column labeled
                                                ‘‘Requirement,’’ but this column was                    found at http://www2.epa.gov/laws-                       The EPA interprets Executive Order
                                                inadvertently omitted from the                          regulations/laws-and-executive-orders.                 13045 as applying only to those
                                                September 18, 2015, publication in the                  A. Executive Order 12866: Regulatory                   regulatory actions that concern
                                                Federal Register. We are revising the                   Planning and Review and Executive                      environmental health or safety risks that
                                                table by adding a column labeled                        Order 13563: Improving Regulation and                  the EPA has reason to believe may
                                                ‘‘Requirement,’’ which contains a brief                 Regulatory Review                                      disproportionately affect children, per
                                                description of the cited General                          This action is not a significant                     the definition of ‘‘covered regulatory
                                                Provision and republishing the entire                   regulatory action and was, therefore, not              action’’ in section 2–202 of the
                                                table with appropriate updated                          submitted to the Office of Management                  Executive Order. This action is not
                                                information and clarifications. This                    and Budget (OMB) for review.                           subject to Executive Order 13045
                                                amendment will provide additional                                                                              because it does not concern an
                                                information to the public on the content                B. Paperwork Reduction Act (PRA)                       environmental health risk or safety risk.
                                                of the General Provision citations.                       This action does not impose any new                  H. Executive Order 13211: Actions
                                                   In response to stakeholder feedback,                 information collection burden under the                Concerning Regulations That
                                                this direct final rule also amends 40                   PRA. OMB has previously approved the                   Significantly Affect Energy Supply,
                                                CFR 63.1514(e), which contains the                      information collection activities                      Distribution, or Use
                                                limits on the frequency of changing                     contained in the existing regulation (40
                                                furnace operating mode. The                             CFR part 63, subpart RRR), and has                       This action is not subject to Executive
                                                amendment clarifies that a change from                  assigned OMB control number 2060–                      Order 13211 because it is not a
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                                                one operating mode and subsequently                     0433. This action does not change the                  significant regulatory action under
                                                back to the initial mode constitutes a                  information collection requirements.                   Executive Order 12866.
                                                single change. With respect to the
                                                                                                        C. Regulatory Flexibility Act (RFA)                    I. National Technology Transfer and
                                                options available to new round top
                                                                                                                                                               Advancement Act (NTTAA)
                                                furnaces to account for unmeasured                         I certify that this action will not have
                                                emissions during compliance testing,                    a significant economic impact on a                       This rulemaking does not involve
                                                this direct final rule also amends 40                   substantial number of small entities                   technical standards.


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                                                                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                          38087

                                                J. Executive Order 12898: Federal                       plan. The owner or operator of an                      manufacturer, or if no calibration
                                                Actions To Address Environmental                        existing affected source must submit the               schedule is specified, at least once every
                                                Justice in Minority Populations and                     OM&M plan to the permitting authority                  6 months.
                                                Low-Income Populations                                  for major sources, or the Administrator                *     *    *     *     *
                                                   The EPA believes the human health or                 for area sources no later than the                     ■ 3. Section 63.1511 is amended by
                                                environmental risk addressed by this                    compliance date established by                         revising paragraph (b) introductory text
                                                section will not have potential                         § 63.1501. The owner or operator of any                and paragraph (i) heading to read as
                                                disproportionately high and adverse                     new affected source must submit the                    follows:
                                                human health or environmental effects                   OM&M plan to the permitting authority
                                                on minority, low-income, or indigenous                  for major sources, or the Administrator                § 63.1511 Performance test/compliance
                                                                                                        for area sources within 90 days after a                demonstration general requirements.
                                                populations. This action does not affect
                                                the level of protection provided to                     successful initial performance test                    *      *     *     *     *
                                                human health or the environment. The                    under § 63.1511(b), or within 90 days                     (b) Initial performance test. Following
                                                final amendments are either                             after the compliance date established by               approval of the site-specific test plan,
                                                clarifications or corrections of                        § 63.1501 if no initial performance test               the owner or operator must demonstrate
                                                compliance alternatives that will neither               is required. The plan must be                          initial compliance with each applicable
                                                increase or decrease environmental                      accompanied by a written certification                 emission, equipment, work practice, or
                                                protection.                                             by the owner or operator that the                      operational standard for each affected
                                                                                                        OM&M plan satisfies all requirements of                source and emission unit, and report the
                                                K. Congressional Review Act (CRA)                       this section and is otherwise consistent               results in the notification of compliance
                                                  This action is subject to the CRA, and                with the requirements of this subpart.                 status report as described in
                                                the EPA will submit a rule report to                    The owner or operator must comply                      § 63.1515(b). The owner or operator of
                                                each House of the Congress and to the                   with all of the provisions of the OM&M                 any affected source constructed before
                                                Comptroller General of the United                       plan as submitted to the permitting                    February 14, 2012, for which an initial
                                                States. This action is not a ‘‘major rule’’             authority for major sources, or the                    performance test is required to
                                                as defined by 5 U.S.C. 804(2).                          Administrator for area sources, unless                 demonstrate compliance must conduct
                                                                                                        and until the plan is revised in                       this initial performance test no later
                                                List of Subjects in 40 CFR Part 63                      accordance with the following                          than the date for compliance established
                                                  Environmental protection,                             procedures. If the permitting authority                by § 63.1501. The owner or operator of
                                                Administrative practice and procedures,                 for major sources, or the Administrator                any affected source constructed or
                                                Air pollution control, Hazardous                        for area sources determines at any time                reconstructed after February 14, 2012,
                                                substances, Intergovernmental relations,                after receipt of the OM&M plan that any                for which an initial performance test is
                                                Reporting and recordkeeping                             revisions of the plan are necessary to                 required must conduct this initial
                                                requirements.                                           satisfy the requirements of this section               performance test within 180 days after
                                                  Dated: May 27, 2016.                                  or this subpart, the owner or operator                 the date for compliance established by
                                                                                                        must promptly make all necessary                       § 63.1501. Except for the date by which
                                                Gina McCarthy,
                                                                                                        revisions and resubmit the revised plan.               the performance test must be conducted,
                                                Administrator.
                                                                                                        If the owner or operator determines that               the owner or operator must conduct
                                                  For the reasons stated in the                         any other revisions of the OM&M plan                   each performance test in accordance
                                                preamble, the Environmental Protection                  are necessary, such revisions will not                 with the requirements and procedures
                                                Agency is amending title 40, chapter I,                 become effective until the owner or                    set forth in § 63.7(c). Owners or
                                                part 63 of the Code of Federal                          operator submits a description of the                  operators of affected sources located at
                                                Regulations (CFR) as follows:                           changes and a revised plan                             facilities which are area sources are
                                                                                                        incorporating them to the permitting                   subject only to those performance
                                                PART 63—NATIONAL EMISSION                               authority for major sources, or the                    testing requirements pertaining to D/F.
                                                STANDARDS FOR HAZARDOUS AIR                             Administrator for area sources. Each                   Owners or operators of sweat furnaces
                                                POLLUTANTS FOR SOURCE                                   plan must contain the following                        meeting the specifications of
                                                CATEGORIES                                              information:                                           § 63.1505(f)(1) are not required to
                                                                                                        *      *    *      *    *                              conduct a performance test.
                                                ■ 1. The authority citation for part 63
                                                continues to read as follows:                              (e) * * *                                           *      *     *     *     *
                                                                                                           (1) The accuracy of the weight                         (i) Testing of commonly-ducted units
                                                    Authority: 42 U.S.C. 7401, et seq.                  measurement device or procedure must                   not within a secondary aluminum
                                                                                                        be ±1 percent of the weight being                      processing unit. * * *
                                                Subpart RRR—National Emission
                                                                                                        measured. The owner or operator may                    *      *     *     *     *
                                                Standards for Hazardous Air Pollutants
                                                                                                        apply to the permitting agency for                     ■ 4. Section 63.1512 is amended by
                                                for Secondary Aluminum Production
                                                                                                        approval to use a device of alternative                revising paragraph (e)(4) introductory
                                                ■ 2. Section 63.1510 is amended by                      accuracy if the required accuracy cannot               text, paragraph (e)(4)(v), and paragraph
                                                revising paragraph (b) introductory text                be achieved as a result of equipment                   (e)(5) to read as follows:
                                                and adding paragraphs (e)(1) and (2) to                 layout or charging practices. A device of
                                                read as follows:                                        alternative accuracy will not be                       § 63.1512 Performance test/compliance
                                                                                                        approved unless the owner or operator                  demonstration requirements and
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                                                § 63.1510    Monitoring requirements.                   provides assurance through data and                    procedures.
                                                *     *    *     *    *                                 information that the affected source will              *     *    *    *     *
                                                  (b) Operation, maintenance, and                       meet the relevant emission standard.                     (e) * * *
                                                monitoring (OM&M) plan. The owner or                       (2) The owner or operator must verify                 (4) When testing an existing
                                                operator must prepare and implement                     the calibration of the weight                          uncontrolled furnace, the owner or
                                                for each new or existing affected source                measurement device in accordance with                  operator must comply with the
                                                and emission unit, a written OM&M                       the schedule specified by the                          requirements of either paragraphs


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                                                38088               Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                (e)(4)(i), (ii), or (iii) of this section at the        ■ 5. Section 63.1513 is amended by                     where delegation of authority under
                                                next required performance test required                 revising paragraph (f)(2) to read as                   section 112(l) of the CAA has not been
                                                by § 63.1511(e).                                        follows:                                               requested or approved, the owner or
                                                *       *     *       *      *                                                                                 operator must provide duplicate
                                                                                                        § 63.1513 Equations for determining
                                                   (v) Round top furnaces constructed                                                                          notification to the applicable Regional
                                                                                                        compliance.
                                                before February 14, 2012, and                                                                                  Administrator. If an owner or operator
                                                                                                        *      *     *     *    *                              submits the information specified in
                                                reconstructed round top furnaces are                       (f) * * *
                                                exempt from the requirements of                                                                                this section at different times or in
                                                                                                           (2) For periods of startup and
                                                paragraphs (e)(4)(i), (ii), and (iii) of this                                                                  different submittals, later submittals
                                                                                                        shutdown, divide your measured
                                                section. Round top furnaces must be                                                                            may refer to earlier submittals instead of
                                                                                                        emissions in lb/hr or mg/hr or ng/hr by
                                                operated to minimize unmeasured                         the feed/charge rate in tons/hr or Mg/hr               duplicating and resubmitting the
                                                emissions according to paragraph (e)(7)                 from your most recent performance test                 information previously submitted. A
                                                of this section.                                        associated with a production rate greater              complete notification of compliance
                                                                                                        than zero, or the rated capacity of the                status report must include:
                                                   (5) When testing a new uncontrolled
                                                furnace, other than a new round top                     affected source if no prior performance                *     *     *      *    *
                                                furnace, constructed after February 14,                 test data are available.                               ■ 8. Section 63.1516 is amended by
                                                2012, the owner or operator must                        ■ 6. Section 63.1514 is amended by                     revising paragraph (b)(3)(i)(A), adding
                                                comply with the requirements of                         revising paragraphs (e) heading and                    paragraph (b)(4), and revising paragraph
                                                paragraph (e)(5)(i) or (ii) of this section             (e)(1) to read as follows:                             (d) to read as follows:
                                                at the next required performance test
                                                                                                        § 63.1514    Change of furnace classification.         § 63.1516   Reports.
                                                required by § 63.1511(e). When testing a
                                                new round top furnace constructed after                 *      *     *     *    *                              *      *     *    *     *
                                                February 14, 2012, the owner or                            (e) Limit on frequency of changing                     (b) * * *
                                                operator must comply with the                           furnace operating mode. (1) A change in                   (3) * * *
                                                requirements of either paragraphs                       furnace operating mode, which consists                    (i) * * *
                                                (e)(5)(i), (ii), or (iii) of this section at the        of changing from one furnace operating                    (A) For data collected using test
                                                next required performance test required                 mode to another and subsequently back                  methods supported by the EPA’s
                                                by § 63.1511(e).                                        to the initial operating mode, as                      Electronic Reporting Tool (ERT) as
                                                                                                        provided in paragraphs (a) through (d)                 listed on the EPA’s ERT Web site
                                                   (i) Install hooding that meets ACGIH                                                                        (https://www3.epa.gov/ttn/chief/ert/ert_
                                                Guidelines (incorporated by reference,                  of this section, may not be done more
                                                                                                        frequently than 4 times in any 6-month                 info.html), you must submit the results
                                                see § 63.14), or                                                                                               of the performance test to the EPA via
                                                                                                        period unless you receive approval from
                                                   (ii) At least 180 days prior to testing                                                                     the Compliance and Emissions Data
                                                                                                        the permitting authority or
                                                petition the permitting authority for                                                                          Reporting Interface (CEDRI). (CEDRI can
                                                                                                        Administrator for additional changes
                                                major sources, or the Administrator for                                                                        be accessed through the EPA’s Central
                                                                                                        pursuant to paragraph (e)(2).
                                                area sources, that such hoods are                                                                              Data Exchange (CDX) (https://
                                                impractical under the provisions of                     *      *     *     *    *
                                                                                                                                                               cdx.epa.gov/).) Performance test data
                                                paragraph (e)(6) of this section and                    ■ 7. Section 63.1515 is amended by
                                                                                                                                                               must be submitted in a file format
                                                propose testing procedures that will                    revising paragraph (b) introductory text
                                                                                                                                                               generated through the use of the EPA’s
                                                minimize unmeasured emissions during                    to read as follows:
                                                                                                                                                               ERT or an alternate electronic file
                                                the performance test according to the                   § 63.1515    Notifications.                            format consistent with the extensible
                                                paragraph (e)(7) of this section, or                                                                           markup language (XML) schema listed
                                                                                                        *      *     *    *     *
                                                   (iii) Assume an 80-percent capture                      (b) Notification of compliance status               on the EPA’s ERT Web site. If you claim
                                                efficiency for the furnace exhaust (i.e.,               report. Each owner or operator of an                   that some of the performance test
                                                multiply emissions measured at the                      existing affected source must submit a                 information being submitted is
                                                furnace exhaust outlet by 1.25). If the                 notification of compliance status report               confidential business information (CBI),
                                                source fails to demonstrate compliance                  within 60 days after the compliance                    you must submit a complete file
                                                using the 80-percent capture efficiency                 date established by § 63.1501. Each                    generated through the use of the EPA’s
                                                assumption, the owner or operator must                  owner or operator of a new affected                    ERT or an alternate electronic file
                                                re-test with a hood that meets the                      source must submit a notification of                   consistent with the XML schema listed
                                                ACGIH Guidelines within 180 days, or                    compliance status report within 90 days                on the EPA’s ERT Web site, including
                                                petition the permitting authority for                   after conducting the initial performance               information claimed to be CBI, on a
                                                major sources, or the Administrator for                 test required by § 63.1511(b), or within               compact disc, flash drive, or other
                                                area sources, within 180 days that such                 90 days after the compliance date                      commonly used electronic storage
                                                hoods are impractical under the                         established by § 63.1501 if no initial                 media to the EPA. The electronic media
                                                provisions of paragraph (e)(6) of this                  performance test is required. The                      must be clearly marked as CBI and
                                                section and propose testing procedures                  notification must be signed by the                     mailed to U.S. EPA/OAQPS/CORE CBI
                                                that will minimize unmeasured                           responsible official who must certify its              Office, Attention: Group Leader,
                                                emissions during the performance test                   accuracy. A complete notification of                   Measurement Policy Group, MD C404–
                                                according to paragraph (e)(7) of this                   compliance status report must include                  02, 4930 Old Page Rd., Durham, NC
                                                section.                                                the information specified in paragraphs                27703. The same ERT or alternate file
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                                                   (iv) The 80-percent capture efficiency               (a)(1) through (10) of this section. The               with the CBI omitted must be submitted
                                                assumption is not applicable in the                     required information may be submitted                  to the EPA via the EPA’s CDX as
                                                event of testing conducted under an                     in an operating permit application, in an              described earlier in this paragraph.
                                                approved petition submitted pursuant to                 amendment to an operating permit                       *      *     *    *     *
                                                paragraphs (e)(5)(ii) or (iii) of this                  application, in a separate submittal, or                  (4) A malfunction report that is
                                                section.                                                in any combination. In a State with an                 required under paragraph (d) of this
                                                *       *     *       *      *                          approved operating permit program                      section shall be submitted


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                                                                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                         38089

                                                simultaneously with the semiannual                      quantity of each regulated pollutant                   § 63.1517   Records.
                                                excess emissions/summary report                         emitted over any emission limit, and a                 *       *    *     *    *
                                                required by paragraph (b) of this section.              description of the method used to
                                                                                                                                                                  (b) * * *
                                                *     *     *    *     *                                estimate the emissions, including, but
                                                  (d) If there was a malfunction during                 not limited to, product-loss calculations,                (18) * * *
                                                the reporting period, the owner or                      mass balance calculations,                                (ii) Records of actions taken during
                                                operator must submit a report that                      measurements when available, or                        periods of malfunction to minimize
                                                includes the emission unit ID, monitor                  engineering judgment based on known                    emissions in accordance with
                                                ID, pollutant or parameter monitored,                   process parameters. The report must                    § 63.1506(a)(5), including corrective
                                                beginning date and time of the event,                   also include a description of actions                  actions to restore malfunctioning
                                                end date and time of the event, cause of                taken by an owner or operator during a                 process and air pollution control and
                                                the deviation or exceedance and                         malfunction of an affected source to                   monitoring equipment to its normal or
                                                corrective action taken for each                        minimize emissions in accordance with                  usual manner of operation.
                                                malfunction which occurred during the                   § 63.1506(a)(5).
                                                reporting period and which caused or                                                                           *       *    *     *    *
                                                                                                        *     *    *     *    *
                                                may have caused any applicable                                                                                 ■ 10. Table 1 to Subpart RRR of part 63
                                                emission limitation to be exceeded. The                 ■ 9. Section 63.1517 is amended by                     is revised to read as follows:
                                                report must include a list of the affected              revising paragraph (b)(18)(ii) to read as
                                                                                                                                                               BILLING CODE 6560–50–P
                                                source or equipment, an estimate of the                 follows:
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                                                38090               Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                        Table 1 to Subpart RRR of Part 63-Emission Standards for New and
                                                        Existing Affected Sources

                                                               Affected source/ Emission unit                                    Pollutant              Limit          Units
                                                        All new and existing affected                                             Opacity                10            percent
                                                        sources and emission units that are
                                                        controlled with a PM add-on control
                                                        device and that choose to monitor
                                                        with a continuous opacity monitor
                                                         (COM); and all new and existing
                                                        aluminum scrap shredders that choose
                                                        to monitor with a COM or to monitor
                                                        visible emissions
                                                        New and existing aluminum scrap                                                 PM               0.01          gr/dscf
                                                        shredder
                                                        New and existing thermal chip dryer                                            THC               0.80          lb/ton of     feed
                                                                                                                                       0/Fa              2.50          j.lg TEQ/Mg   of feed
                                                        New and existing scrap                                                          PM               0.08          lb/ton of     feed
                                                        dryer/delacquering kiln/decoating                                              HCl               0.80          lb/ton of     feed
                                                        kiln                                                                           THC               0.06          lb/ton of     feed
                                                                                                                                       0/Fa              0.25          j.lg TEQ/Mg   of feed
                                                                                         Or

                                                        Alternative limits i f afterburner                                              PM               0.30          lb/ton of feed
                                                        has a design residence time of at                                              HCl               1. 50         lb/ton of feed
                                                        least 1 second and operates at a                                               THC               0.20          lb/ton of feed
                                                        temperature of at least 1400°F                                                 0/Fa              5.0           j.lg TEQ/Mg of feed
                                                        New and existing sweat furnace                                                 0/Fa              0.80          ng TEQ/dscm
                                                                                                                                                                       11% 02b
                                                        New and existing dross-only furnace                                            PM               0.30           lb/ton of feed
                                                        New and existing in-line fluxerc                                               HCl              0.04           lb/ton of feed
                                                                                                                                       PM               0.01           lb/ton of feed
                                                        New and existing in-line fluxer with                                                             No            Work practice: no
                                                        no reactive fluxing                                                                             Limit          reactive fluxing
                                                        New and existing rotary dross cooler                                            PM              0.04           gr/dscf
                                                        New and existing clean furnace                                                                   No            Work practices:
                                                        (Group 2)                                                                                       Limit          clean charge only
                                                                                                                                                                       and no reactive
                                                                                                                                                                       fluxing
                                                        New and existing group 1                                                       PM                0.80          lb/ton of feed
                                                        melting/holding furnace (processing                                            HFh               0.40          lb/ton of feed
                                                        only clean charge)c                                                            HCl               0.40          lb/ton of feed
                                                                                                                                                          or
                                                                                                                                                          10           percent of the HCl
                                                                                                                                                                       upstream of the
                                                                                                                                                                       add-on control
                                                                                                                                                                       device
                                                        New and existing group 1 furnacec                                              PM                0.40          lb/ton of feed
                                                                                                                                       HFh               0.40          lb/ton of feed
                                                                                                                                       HCl               0.40          lb/ton of feed
                                                                                                                                                          or
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                                                                                                                                                                                               ER13JN16.012</GPH>




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                  Federal Register/Vol. 81, No. 113 /Monday, June 13, 2016 /Rules and Regulations                                                              38091

                     Affected source/ Emission unit                    Pollutant         Limit                Units
                                                                                        10                    percent of the HCL
                                                                                                              upstream of the
                                                                                                              add—on control
                                                                                                              device


                                                                           D/F°              15 .0            ug TEQ/Mg of feed
           New and existing group 1 furnace                                 PM               0 . 40           lb/ton of feed
           with clean charge only©                                         HF"               0 .40             lb/ton of feed
                                                                           HCL               0 . 40            lb/ton of feed
                                                                                               or
                                                                                               1Ho            percent of the HCL
                                                                                                              upstream of an add—
                                                                                                              on control device
                                                                           D/F°            No                 Clean charge only
                                                                                         Limit
           New and existing secondary aluminum                             PM°                        n
           processing unit*"" (consists of all                                                                (LWM>CK)
           existing group 1 furnaces and                                                        _ _i=]                                           (Eq. 1
           existing in—line flux boxes at the                                            ! pu                  2
           facility, or any combination of new                                                                EE(Z)
           group 1 furnaces and new in—line                             ze          3                         i<1
           fluxers)                                                           f??                               4 (                             )
                                                                         HF                                   21:      LiHCZ/HF          X]—;
                                                                                                              i=
                                                                                           Ec Hr —                            n                       (Eq.2)

                                                                                                                         >.(7,)
                                                                                                                         i=1
                                                                           D/Fo                           n

                                                                                                              (Li      D/ F       XZZ)
                                                                                        LZD/F =—                   n                             (Eq.     3)




              D/F limit applies to a unit at a major or area source.
              Sweat furnaces equipped with afterburners meeting the specifications of
             §   63.1505(f) (1)    are not           required to      conduct       a performance test.
             These limits are also used to calculate the limits applicable to secondary
             aluminum processing units.
              Equation definitions:             Lipy = the      PM emission limit            for      individual                     emission
             unit i in the secondary aluminum processing unit [ kg /Mg (lb/ton) of feed];
             T; = the feed rate for individual emission unit i in the secondary aluminum
             processing unit; Lipy = the overall PM emission limit for the secondary
             aluminum processing unit                 [kg/Mg    (lb/ton)      of    feed];     LiHCl/HF        ——      the         HCL        or HF
             emission limit for individual emission unit i in the secondary aluminum
             processing unit           [kg/Mg    (lb/ton)       of   feed];    Lr:ci/sp = the         overall HClL                           or HF
             emission limit for the secondary aluminum processing unit                                             [kg/Mg            (lb/ton)            of
             feed];      Lipsp = the    D/F emission limit            for individual            emission unit                            i    [ 1ug
              (TEQ) /Mg    (gr TEQ/ton)         of    feed]l;   Limyp = the      overall      D/F emission limit                                 for
             the secondary aluminum processing unit [ug TEQ/Mg (gr TEQ/ton) of feed]; n =
             the number of units in the secondary aluminum processing unit.
             In—line fluxers using no reactive flux materials cannot be included in this
             calculation since they are not subject to the PM limit.
             In—line fluxers using no reactive flux materials cannot be included in this
             calculation since they are not subject to the HClL and HF limit. Controlled
             group 1 furnaces cannot be included in the HF emissions calculation because
             they are not subject to HF limits.
           I Clean charge furnaces cannot be included in this calculation since they are
             not subject to the D/F limit.
             HF limits apply only to uncontrolled group 1 furnaces.


BILLING CODE 6560—50—C


                                                38092                  Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                ■  11. Table 2 to Subpart RRR of part 63                   ‘‘Group 1 furnace without add-on air                         are part of a secondary aluminum
                                                is amended by revising the entry                           pollution controls (including those that                     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 reactive chlorine flux injection rate and total reactive
                                                  pollution controls (including those                                                   fluorine flux injection rate for each operating cycle or time period
                                                  that are part of a secondary alu-                                                     used in the performance test at or below the average rate estab-
                                                  minum processing unit).                                                               lished during the performance test.

                                                            *                        *                         *                          *                       *                      *                    *



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

                                                 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 fab-         Bag leak detector or .................... Install and operate in accordance with manufacturer’s operating in-
                                                  ric filter.                                                                                    structions.
                                                                                               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 determina-
                                                                                                                                                 tion procedure per § 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 accordance with manufacturer’s operating in-
                                                  fabric filter.                                                                                 structions.
                                                                                               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 in-
                                                                                                                                                 spect each feed hopper or silo every 8 hours to verify that lime is
                                                                                                                                                 free-flowing; record results of each inspection. If blockage occurs, in-
                                                                                                                                                 spect every 4 hours for 3 days; return to 8-hour inspections if correc-
                                                                                                                                                 tive 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 re-
                                                                                                                                                 active fluorine flux injection rate for each operating cycle or time pe-
                                                                                                                                                 riod used in performance test; or Alternative flux injection rate deter-
                                                                                                                                                 mination procedure per § 63.1510(j)(5). For solid flux added intermit-
                                                                                                                                                 tently, record the amount added for each operating cycle or time pe-
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                                                                                                                                                 riod 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 equip-
                                                ment layout or charging practices.



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                                                                          Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                                                                          38093
                                                  c Permitting authority for major sources, or the Administrator for area sources may approve other alternatives including load cells for lime hop-
                                                per 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 § 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 ac-
                                                cordance with § 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 § 63.1510(d)(3).
                                                          *                     *                    *                     *                     *                  *                     *


                                                ■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

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



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                                                38094                     Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                     APPENDIX A TO SUBPART RRR OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART RRR—Continued
                                                                  Citation                                             Requirement                                              Applies to RRR                                          Comment

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



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                                                                          Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                                                                      38095

                                                     APPENDIX A TO SUBPART RRR OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART RRR—Continued
                                                                  Citation                                            Requirement                                              Applies to RRR                                          Comment

                                                § 63.9(h)(1)–(3) ..........................          Notification of Compliance Status ..                       Yes .................................................    Except     § 63.1515    establishes
                                                                                                                                                                                                                           dates notification of compliance
                                                                                                                                                                                                                           status reports.
                                                § 63.9(h)(4) .................................       ........................................................   No ...................................................   [Reserved].
                                                § 63.9(h)(5)–(6) ..........................          ........................................................   Yes.
                                                § 63.9(i) ......................................     Adjustment of Deadlines for Re-                            Yes.
                                                                                                        quired Communications.
                                                § 63.9(j) ......................................     Change in Information Already                              Yes.
                                                                                                        Provided.
                                                § 63.10(a) ...................................       Applicability and General Informa-                         Yes.
                                                                                                        tion for Recordkeeping and Re-
                                                                                                        porting Requirements.
                                                § 63.10(b)(1) ...............................        General Recordkeeping Require-                             Yes.
                                                                                                        ments.
                                                § 63.10(b)(2)(i), (ii), (iv), (v) ........           ........................................................   No.
                                                § 63.10(b)(2)(iii), (vi)–(xiv) ..........            ........................................................   Yes .................................................    § 63.1517 includes additional re-
                                                                                                                                                                                                                            quirements.
                                                § 63.10(b)(3) ...............................        Recordkeeping Requirement for                              Yes.
                                                                                                        Applicability Determinations.
                                                § 63.10(c)(1) ...............................        Additional Recordkeeping Require-                          Yes.
                                                                                                        ments for Sources with CMS.
                                                § 63.10(c)(2)–(4) ........................           ........................................................   No ...................................................   [Reserved].
                                                § 63.10(c)(5) ...............................        ........................................................   Yes.
                                                § 63.10(c)(6) ...............................        ........................................................   Yes.
                                                § 63.10(c)(7)–(8) ........................           ........................................................   Yes.
                                                § 63.10(c)(9) ...............................        ........................................................   No ...................................................   [Reserved].
                                                § 63.10(c)(10)–(13) ....................             ........................................................   Yes.
                                                § 63.10(c)(14) .............................         ........................................................   Yes.
                                                § 63.10(c)(15) .............................         ........................................................   No.
                                                § 63.10(d)(1) ...............................        General Reporting Requirements ..                          Yes.
                                                § 63.10(d)(2) ...............................        Reporting Results of Performance                           Yes.
                                                                                                        Tests.
                                                § 63.10(d)(3) ...............................        Reporting Results of Opacity or                            Yes.
                                                                                                        Visible Emission Observations.
                                                § 63.10(d)(4) ...............................        Progress Reports ...........................               No ...................................................   See § 63.1516(d).
                                                § 63.10(d)(5) ...............................        Periodic Startup, Shutdown, and                            No ...................................................   See § 63.1516(d).
                                                                                                        Malfunction Reports.
                                                § 63.10(e)(1)–(2) ........................           Additional Reporting Requirements                          Yes.
                                                                                                        for Sources with CMS.
                                                § 63.10(e)(3) ...............................        Excess Emissions and CMS Per-                              Yes .................................................    Reporting    deadline    given   in
                                                                                                        formance Report and Summary                                                                                        § 63.1516.
                                                                                                        Report.
                                                § 63.10(e)(4) ...............................        Continuous Opacity Monitoring                              Yes.
                                                                                                        System (COMS) Data Produced
                                                                                                        During a Performance Test.
                                                § 63.10(f) ....................................      Waiver of Recordkeeping or Re-                             Yes.
                                                                                                        porting Requirements.
                                                § 63.11(a)–(e) .............................         Control Device and Work Practice                           No ...................................................   Flares not applicable.
                                                                                                        Requirements.
                                                § 63.12(a)–(c) .............................         State Authority and Delegations ....                       Yes .................................................    EPA retains authority for applica-
                                                                                                                                                                                                                          bility determinations.
                                                § 63.13 .......................................      Addresses ......................................           Yes.
                                                § 63.14 .......................................      Incorporations by Reference ..........                     Yes .................................................    ACGIH Guidelines, ASTM 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.
                                                § 63.15 .......................................      Availability of Information and Con-                       Yes.
                                                                                                       fidentiality.
                                                § 63.16 .......................................      Performance Track Provisions .......                       No.
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                                                [FR Doc. 2016–13505 Filed 6–10–16; 8:45 am]
                                                BILLING CODE 6560–50–P




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Document Created: 2018-02-08 07:39:51
Document Modified: 2018-02-08 07:39:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactMs. 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
FR Citation81 FR 38085 
RIN Number2060-AS94
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedures; Air Pollution Control; Hazardous Substances; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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