Friction Products Manufacturing Thursday October by rfj18871


                                                                                           October 4, 2001

                                                                                           Part V

                                                                                           Protection Agency
                                                                                           40 CFR Part 63
                                                                                           National Emission Standards for
                                                                                           Hazardous Air Pollutants for Friction
                                                                                           Materials Manufacturing Facilities;
                                                                                           Proposed Rule

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     50768                 Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules

     ENVIRONMENTAL PROTECTION                                   Public Hearing. If a public hearing is             submission when it is received by EPA,
     AGENCY                                                  held, it will be held at the EPA Office               the information may be made available
                                                             of Administration Auditorium, Research                to the public without further notice to
     40 CFR Part 63                                          Triangle Park, NC beginning at 10 a.m.,               the commenter.
     [FRL–7074–5]                                            or at an alternate site nearby.                          Public Hearing. Persons interested in
                                                                Docket. Docket No. A–97–57 contains                presenting oral testimony or inquiring
     RIN 2060–AG87                                           supporting information used in                        as to whether a hearing is to be held
                                                             developing the standards. The docket is               should contact Ms. Cassie Posey at least
     National Emission Standards for                         located at the U.S. EPA, 401 M Street,
     Hazardous Air Pollutants for Friction                                                                         2 days in advance of the public hearing.
                                                             SW, Washington, DC 20460 in room M–
     Materials Manufacturing Facilities                                                                            Persons interested in attending the
                                                             1500, Waterside Mall (ground floor),
                                                                                                                   public hearing must also contact Ms.
     AGENCY: Environmental Protection                        and may be inspected from 8:30 a.m. to
                                                                                                                   Posey to verify the time, date, and
     Agency (EPA).                                           5:30 p.m., Monday through Friday,
                                                                                                                   location of the hearing. The address,
     ACTION: Proposed rule.
                                                             excluding legal holidays.
                                                                                                                   telephone number, and e-mail address
                                                             FOR FURTHER INFORMATION CONTACT: For                  for Ms. Posey are listed in the preceding
     SUMMARY: This action proposes national                  questions about the proposed rule,                    FOR FURTHER INFORMATION CONTACT
     emission standards for hazardous air                    contact Kevin Cavender, Metals Group,                 section. If a public hearing is held, it
     pollutants (NESHAP) for new and                         Emission Standards Division (MD–13),                  will provide interested parties the
     existing friction materials                             U.S. EPA, Research Triangle Park, NC                  opportunity to present data, views, or
     manufacturing facilities. Some of these                 27711, telephone number (919) 541–                    arguments concerning these proposed
     facilities, specifically those that perform             2364, electronic mail address:                        emission standards.
     solvent mixing, have been identified as        For questions
     major sources of hazardous air                          about the public hearing, contact Cassie                 Docket. The docket reflects the full
     pollutants (HAP) including n-hexane,                    Posey, Metals Group, Emission                         administrative record for this action and
     toluene, and trichloroethylene.                         Standards Division (MD–13), U.S. EPA,                 includes all the information relied upon
     Exposure to these substances has been                   Research Triangle Park, NC 27711,                     by EPA in the development of this
     demonstrated to cause adverse health                    telephone number (919) 541–0069,                      proposed rule. The docket is a dynamic
     effects such as irritation of the lungs,                electronic mail address:                              file because material is added
     skin, mucous membranes, and effects on                                         throughout the rulemaking process. The
     the central nervous system, liver, and                                                                        docketing system is intended to allow
                                                             SUPPLEMENTARY INFORMATION:                            members of the public and industries
     kidney.                                                 Comments. Comments and data may be
        These proposed standards would                                                                             involved to readily identify and locate
                                                             submitted by electronic mail (e-mail) to:             documents so that they can effectively
     implement section 112(d) of the Clean
                                                    Electronic                    participate in the rulemaking process.
     Air Act (CAA) by requiring all major
                                                             comments must be submitted as an                      Along with the proposed and
     sources to meet HAP emission standards
                                                             ASCII file to avoid the use of special                promulgated standards and their
     reflecting the application of the
                                                             characters and encryption problems and                preambles, the contents of the docket
     maximum achievable control
                                                             will also be accepted on disks in                     will serve as the record in the case of
     technology (MACT). Implementation of
                                                             WordPerfect’’ version 5.1, 6.1, or Corel              judicial review. (See section
     these proposed standards will reduce
                                                             8 file format. All comments and data                  307(d)(7)(A) of the CAA.) The regulatory
     HAP emissions by approximately 340
                                                             submitted in electronic form must note                text and other materials related to this
     tons per year (tpy).
                                                             the docket number: A–97–57. No                        rulemaking are available for review in
     DATES: Comments. Submit comments on                     confidential business information (CBI)
     or before December 3, 2001.                                                                                   the docket or copies may be mailed on
                                                             should be submitted by e-mail.                        request from the Air Docket by calling
        Public Hearing. If anyone contacts the               Electronic comments may be filed
     EPA requesting to speak at a public                                                                           (202) 260–7548. A reasonable fee may
                                                             online at many Federal Depository                     be charged for copying docket materials.
     hearing by October 24, 2001, a public                   Libraries.
     hearing will be held on November 5,                        Commenters wishing to submit                          World Wide Web (WWW). In addition
     2001.                                                   proprietary information for                           to being available in the docket, an
     ADDRESSES: Comments. By U.S. Postal                     consideration must clearly distinguish                electronic copy of today’s proposed rule
     Service, send comments (in duplicate if                 such information from other comments                  will also be available on the WWW
     possible) to: Air and Radiation Docket                  and clearly label it as CBI. Send                     through the Technology Transfer
     and Information Center (6102),                          submissions containing such                           Network (TTN). Following the
     Attention Docket Number A–97–57.                        proprietary information directly to the               Administrator’s signature, a copy of the
     U.S. EPA, 1200 Pennsylvania Avenue,                     following address, and not to the public              proposed rule will be posted on the
     NW, Washington DC 20460. In person or                   docket, to ensure that proprietary                    TTN’s policy and guidance page for
     by courier, deliver comments (in                        information is not inadvertently placed               newly proposed or promulgated rules at
     duplicate if possible) to: Air and                      in the docket: Attention: Mr. Kevin          The TTN
     Radiation Docket and Information                        Cavender, c/o OAQPS Document                          provides information and technology
     Center (6102), Attention Docket Number                  Control Officer (Room 740B), U.S. EPA,                exchange in various areas of air
     A–97–57, U.S. EPA, Room Number                          411 W. Chapel Hill Street, Durham, NC                 pollution control. If more information
     M1500, 401 M Street, SW, Washington,                    27701. The EPA will disclose                          regarding the TTN is needed, call the
     DC 20460. The EPA requests that a                       information identified as CBI only to the             TTN HELP line at (919) 541–5384.
     separate copy of each public comment                    extent allowed by the procedures set                     Regulated Entities. Categories and
     be sent to the contact person listed                    forth in 40 CFR part 2. If no claim of                entities potentially regulated by this
     below.                                                  confidentiality accompanies a                         action include:

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                                   Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules                                                           50769

                                                                                                                                                     Examples of
                                       Category                                                        NAICS                                       regulated entities

     Industry ..........................................................................          33634, 327999, 333613        Friction materials manufacturing facilities.

        This table is not intended to be                                          D. Executive Order 13045, Protection of              standards for a source category or
     exhaustive, but rather provides a guide                                         Children from Environmental Health                subcategory cannot be less stringent
     for readers regarding entities likely to be                                     Risks and Safety Risks                            than the emission control that is
     regulated by this action. To determine                                       E. Unfunded Mandates Reform Act of 1995              achieved in practice by the best-
                                                                                  F. Regulatory Flexibility Act (RFA), as
     whether your facility is regulated by this                                      Amended by the Small Business
                                                                                                                                       controlled similar source. The standards
     action, you should examine the                                                  Regulatory Enforcement Fairness Act of            for existing sources can be less stringent
     applicability criteria in § 63.9485 of the                                      1996 (SBREFA), 5 U.S.C. 601 et seq.               than the standards for new sources, but
     proposed rule. If you have any questions                                     G. Paperwork Reduction Act                           they cannot be less stringent than the
     regarding the applicability of this action                                   H. National Technology Transfer and                  average emission limitation achieved by
     to a particular entity, consult the person                                      Advancement Act of 1995                           the best-performing 12 percent of
     listed in the preceding FOR FURTHER                                          I. Executive Order 13211 (Energy Effects)            existing sources for categories and
     INFORMATION CONTACT section.                                                                                                      subcategories with 30 or more sources.
                                                                               I. Background                                           For categories and subcategories with
        Outline. The information presented in
                                                                               A. What Is the Source of Authority for                  fewer than 30 sources, the standards
     this preamble is organized as follows:
                                                                               the Development of NESHAP?                              cannot be less stringent than the average
     I. Background                                                                                                                     emission limitation achieved by the
        A. What is the source of authority for the                                Section 112 of the CAA requires us to                best-performing five sources.
           development of NESHAP?                                              list categories and subcategories of                       Section 112(d) allows us to
        B. What criteria are used in the                                       major sources and area sources of HAP                   distinguish among classes, types, and
           development of NESHAP?                                              and to establish NESHAP for the listed                  sizes of sources within a category or
        C. What source category is affected by this                            source categories and subcategories. The
           proposed rule?
                                                                                                                                       subcategory. For example, we can
                                                                               category of major sources covered by                    establish two classes of sources within
        D. What is friction materials
                                                                               today’s proposed NESHAP is friction                     a category or subcategory based on size
        E. What HAP are emitted from friction                                  materials manufacturing. Major sources                  and establish a different emission
           materials manufacturing facilities?                                 are those that emit or have the potential               standard for each class.
        F. What are the health effects associated                              to emit at least 10 tpy of any single HAP                  For NESHAP developed to date, we
           with emissions from friction materials                              or 25 tpy of any combination of HAP.                    have used several different approaches
           manufacturing facilities?                                                                                                   to determine the MACT floor for
                                                                               B. What Criteria Are Used in the
     II. Summary of the Proposed Rule                                                                                                  individual source categories depending
        A. What is the affected source?                                        Development of NESHAP?
                                                                                                                                       on the type, quality, and applicability of
        B. What is the emission limitation?                                       The NESHAP for new and existing                      available data. These approaches
        C. What are the initial and continuous                                 sources developed under section 112                     include determining a MACT floor
           compliance requirements?                                            must reflect the maximum degree of                      based on: (1) emissions test data that
        D. What are the notification,                                          reduction of HAP emissions that is
           recordkeeping, and reporting
                                                                                                                                       characterize actual HAP emissions from
                                                                               achievable taking into consideration the                presently controlled sources included in
        E. What are the compliance deadlines?                                  cost of achieving the emission                          the source category; (2) existing
        III. Rationale for Selecting the Proposed                              reduction, any non-air quality health                   federally-enforceable emission
           Standards                                                           and environmental benefits, and energy                  limitations specified in air regulations
        A. How did we select the source category?                              requirements. Emission reductions may                   and facility air permits applicable to the
        B. How did we select the affected source?                              be accomplished through promulgation                    individual sources comprising the
        C. How did we select the pollutants?                                   of emission standards under section                     source category; and (3) application of a
        D. How did we determine the basis and                                  112(d). These may include, but are not                  specific type of control technology for
           level of the proposed emission limitation                           limited to:                                             air emissions currently being used by
           for solvent mixers?                                                    • Reducing the volume of emissions                   sources in the source category or by
        E. How did we select the initial and                                   of HAP, or eliminating the emissions                    sources with similar pollutant stream
           continuous compliance requirements?
        F. How did we select the notification,
                                                                               through process changes, substitution of                characteristics.
           recordkeeping and reporting                                         materials, or other modifications;                         To select the MACT standard, we
           requirements?                                                          • Enclosing systems or processes to                  evaluate several alternatives (which may
     IV. Summary of Environmental, Energy and                                  eliminate emissions;                                    be different levels of emission control or
           Economic Impacts                                                       • Collecting, capturing, or treating                 different levels of applicability or both)
        A. What are the air emission impacts?                                  such pollutants when released from a                    to select the one that best reflects the
        B. What are the cost impacts?                                          process, stack, storage, or fugitive                    appropriate MACT level. The selected
        C. What are the economic impacts?                                      emissions point;                                        alternative may be more stringent than
        D. What are the non-air quality                                           • Design, equipment, work practice,                  the MACT floor, but the control level
           environmental and energy impacts?                                   operational standards, or any                           selected must be technically achievable.
     V. Solicitation of Comments and Public                                    combination thereof, if it is not feasible              In selecting an alternative, we consider
                                                                               to prescribe or enforce an emission                     the achievable HAP emission reduction
     VI. Administrative Requirements
        A. Executive Order 12866, Regulatory                                   standard (including requirements for                    (and possibly other pollutants that are
           Planning and Review                                                 operator training or certification); or                 co-controlled), cost and economic
        B. Executive Order 13132, Federalism                                      • A combination of the above.                        impacts, energy impacts, and other
        C. Executive Order 13175, Consultation                                    Section 112 requires us to establish a               environmental impacts. The objective is
           and Coordination with Indian Tribal                                 minimum baseline or ‘‘floor’’ for                       to achieve the maximum degree of
           Governments                                                         standards. For new sources, the                         emission reduction without

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     unreasonable economic or other                          equipment, industrial, appliance, and                    Based on our review, we believe that
     impacts. The regulatory alternatives                    lawn and garden. We know of 147                       solvent mixing is the only significant
     selected for new and existing sources                   domestic friction products                            HAP emission source associated with
     may be different, and separate                          manufacturing facilities. Of these, 16                friction material manufacturing.1 As
     regulatory decisions may be made for                    only assemble new products, 78 rebuild                such, today’s proposed rule establishes
     new and existing sources.                               or otherwise recondition products, and                emission limitations for HAP emissions
        We then translate the selected                       53 manufacture friction materials (e.g.,              only for solvent mixers at new and
     regulatory alternative into a proposed                  brake and clutch linings). Assemblers                 existing sources that manufacture resin-
     rule. The public is invited to comment                  purchase new friction materials from                  based friction materials.
     on the proposal during the public                       other manufacturers and attach it to new                 The principal operations used in the
     comment period. Based on an                             backing plates or shoes. Rebuilders                   manufacture of resin-based friction
     evaluation of these comments, we reach                  purchase new friction materials from                  materials can be classified into four
     a final decision and promulgate the                     other manufacturers and attach it to                  general areas: raw material preparation,
     standard.                                               reconditioned brake shoes or clutch                   forming, curing, and assembling and
     C. What Source Category Is Affected by                  plates. None of these facilities                      finishing.
     This Proposed Rule?                                     manufacture friction materials and none                  In the raw material preparation area,
                                                             are major sources of HAP.                             raw materials (reinforcement material,
        Section 112 of the CAA requires us to                Consequently, none of these facilities                property modifiers, resins, solvents, and
     list all categories of major HAP emitting               would be regulated under today’s                      other additives) are blended and made
     sources and to promulgate regulations                   proposed rule.                                        ready for subsequent processing.
     for their control. An initial list of source               Friction materials manufacturers                   Process units in the raw material
     categories and accompanying schedules                   make brake and clutch linings and, in                 preparation area include mixers,
     for regulation were published on                        most cases, assemble finished products.               granulators, and dryers. Mixing is
     December 3, 1993 (58 FR 63941).                         They can be classified into three classes             accomplished in discrete batches.
     Friction materials manufacturing was                    based on the friction materials                       Double-arm mixers are the most
     not among the initially listed source                   manufactured: sintered material,                      common type of mixer used. A typical
     categories. A subsequent notice                         carbon-based material, and resin-based                batch includes between 300 to 1000
     published on June 4, 1996 (61 FR 28197)                 material.                                             pounds of friction ingredients and takes
     added friction products manufacturing                      Two facilities manufacture sintered                between 20 minutes and 1 hour to mix.
     to the list of major source categories                  friction materials. Both use high                     Batches of mixed friction material may
     scheduled for regulation by November                    temperature processes to fuse non-HAP                 then be processed further through a
     15, 2000. The listing was based on                      metal and mineral ingredients into a                  granulator which extrudes the material
     information obtained in a 1992 survey                   consolidated product. Neither facility is             through a 1⁄4 to 1⁄2 inch die, and then
     of the industry from which we                           believed to be a major source of HAP,                 cuts the extruded material into 1⁄2 to 1
     concluded that some facilities that                     and, therefore, neither would be                      inch lengths. Some facilities also dry the
     manufacture friction products have the                  regulated under today’s proposal.                     friction material after mixing, but before
     potential to be major sources of HAP                       Four facilities manufacture carbon-
                                                                                                                   the forming step, to remove any
     emissions. Friction products                            based friction products in which carbon
                                                                                                                   remaining solvent from the material
     manufacturing includes facilities that                  is impregnated into a synthetic mesh to
                                                                                                                   mix. The dryer is typically an indirect
     manufacture, assemble, or rebuild                       create a friction material. Hydrogen
                                                                                                                   type which dries the material mix by
     friction products such as brakes or                     cyanide is the only HAP known to be
                                                                                                                   contact and heat transfer through the
     clutches. Based on additional                           emitted in the process. All four existing
                                                                                                                   dryer wall. Typical drying temperatures
     information obtained during the                         facilities have federally enforceable
                                                                                                                   are on the order of 150 °F.
     development of this proposed rule, we                   control requirements that limit
                                                                                                                      The blended and prepared friction
     have determined that only facilities that               hydrogen cyanide emissions to well
                                                                                                                   material is then transferred from the raw
     manufacture friction materials have the                 below the major source threshold of 10
                                                                                                                   material preparation area to the forming
     potential to emit HAP at major source                   tpy. In addition, we do not anticipate
                                                                                                                   area, where the material is formed into
     levels. As such, this proposed rule will                that any new carbon-based facilities will
                                                                                                                   shapes. Forming equipment includes
     affect only friction materials                          be built. As a result, manufacturers of
                                                             carbon-based friction products will not               extruders, roll machines, and hot
     manufacturers. The next revision to the
                                                             be regulated under today’s proposed                   presses. Extruders are used to form
     source category list under section 112,
                                                             rule.                                                 tapes and pellets of friction material.
     which is published in the Federal
                                                                Forty-seven facilities manufacture                 Pellets are formed by forcing the moist
     Register, will remove the friction
                                                             resin-based friction materials. At these              friction material through perforations in
     products manufacturing source category
                                                             facilities, friction ingredients are mixed            a metal die and cutting the continuously
     and add the friction material
                                                             with resins which, when cured, bind the               formed strands to a predetermined
     manufacturing source category.
                                                             friction ingredients together. In most                length. Tapes are formed by forcing the
     D. What Is Friction Materials                           cases, mixing can be done without the                 friction material through a metal die
     Manufacturing?                                          aid of a solvent. However, for some                   with an appropriately-shaped slot in a
        Friction materials manufacturing is a                friction materials, solvents are needed to            heated extruder head. Roll machines are
     subset of friction products                             enhance mixing and as a process aid in                used to form flat, pliable tapes, similar
     manufacturing. Broadly speaking, the                    later stages. Of the 47 facilities that                 1 Two additional resin-based manufacturers are
     friction products manufacturing                         manufacture resin-based friction                      believed to be major sources. However, both are
     industry includes any facility that                     materials, only four use solvents to mix              major due primarily to HAP emissions from
     manufactures or re-manufactures                         friction materials. All four are believed             ancillary surface coating and degreasing operations,
     friction products such as brakes and                    to be major sources of HAP due to air                 which either are or will be regulated under other
                                                                                                                   NESHAP. These two resin-based manufacturers
     clutches. Friction products are used in                 releases of the solvents used. The HAP-               have no solvent mixers, and as such, are not
     a number of market segments, including                  containing solvents used include n-                   included in the MACT floor analysis for solvent
     automotive, aerospace, railroad, heavy                  hexane, toluene, and trichloroethylene.               mixers.

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                           Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules                                          50771

     to those produced by an extruder, and                   solvent mixers are equipped with                      hexane in Group D, not classifiable as to
     are also used to produce wider sheets of                solvent recovery systems designed to                  human carcinogenicity.
     friction material. The moist friction                   minimize HAP emissions and to reclaim                    Acute and chronic inhalation
     material is metered between a series of                 solvent for reuse. For these mixers, the              exposure to trichloroethylene can affect
     rollers which form a continuous strip of                solvent is removed from the mixed                     the human CNS, producing symptoms
     friction material with a preset width and               material by vacuum evaporation and                    such as dizziness, headache, confusion,
     thickness. Hot presses are used to form                 collected in either a condenser or a                  euphoria, facial numbness, and
     disc brake pucks, integrally-molded disc                carbon adsorber. The reclaimed solvent                weakness. High, short-term exposures to
     brake pads, brake segments, and brake                   is recycled and reused in the process or              humans by inhalation have also been
     blocks. Hot presses apply heat and                      sold as reclaimed solvent.                            associated with effects on the liver,
     pressure over time to consolidate the                      Residual solvent that is not recovered             kidneys, gastrointestinal system, and
     friction mix into a solid product.                      or emitted at the solvent mixer can be                skin. Human evidence is not adequate to
     Premeasured quantities of friction mix                  emitted in subsequent processes as the                establish a causal link between
     are poured into each press cavity. As                   friction material is processed through                trichloroethylene exposure and cancer,
     heat and pressure are applied, the                      extruders, roll machines, granulators,                but animal inhalation studies have
     material is partially cured.                            dryers, hot presses, and ovens. The                   reported increases in lung, liver, and
        After the friction shapes are formed,                potential for emissions from these                    testicular tumors. We have classified
     they are cured in a curing oven or post                 downstream processes is proportional to               trichloroethylene as intermediate
     bake oven. Curing times and                             the quantity of residual solvent retained             between probable and possible human
     temperatures vary with product size and                 in the friction material after mixing.                carcinogen (Group B/C). We are
     composition. Curing times range from 1                     Small amounts of phenol and                        currently reassessing its potential
     hour to 2 days, but typically run about                 formaldehyde (HAP components of                       carcinogenicity.
     12 hours. Oven temperatures ramp up                     phenolic resins) are emitted from hot                    Acute inhalation of toluene by
     and then down over the curing cycle                     presses and curing ovens or otherwise                 humans may cause effects to the CNS,
     and range from 180 to 500 °F. Once the                  subject to methods of emission                        such as fatigue, sleepiness, headache,
     friction material is formed and cured, it               reductions. At the four major HAP                     and nausea, as well as irregular
     is finished and subsequently assembled                  sources, phenol and formaldehyde                      heartbeat. Adverse CNS effects have
     with some type of metal backing.                        emissions account for less than 5                     been reported in chronic abusers
     Finishing operations bring the friction                 percent of the total HAP emitted. None                exposed to high levels of toluene.
     product to final specifications. These                  of the existing hot presses or curing                 Symptoms include tremors, decreased
     operations include machining, painting,                 ovens at the four major sources are                   brain size, involuntary eye movements,
     and edge coding. Assembly operations                    equipped with HAP emission controls.                  and impaired speech, hearing, and
     include steel preparation (i.e,                         Available test data indicate that the                 vision. Chronic (long-term) inhalation
     degreasing), adhesive application, oven                 phenol and formaldehyde emissions are                 exposure of humans to lower levels of
     bonding, riveting, and attachment of                    on the order of 5 parts per million (ppm)             toluene also causes irritation of the
     hardware (e.g., mounting brackets, wear                 or less, which is well below the level                upper respiratory tract, eye irritation,
     sensors, and noise suppressors).                        which can effectively be controlled by                sore throat, nausea, dizziness,
                                                             add on controls or any other methods of               headaches, and difficulty with sleep.
     E. What HAP Are Emitted From Friction                   emissions reductions.
     Materials Manufacturing Facilities?                                                                           Studies of children whose mothers were
        The nature and quantity of HAP                       F. What Are the Health Effects                        exposed to toluene by inhalation or
     emissions from the manufacturing of                     Associated With Emissions From                        mixed solvents during pregnancy have
     friction materials is driven almost                     Friction Materials Manufacturing                      reported CNS problems, facial and limb
     entirely by whether HAP containing                      Facilities?                                           abnormalities, and delayed
     solvents are used in mixing. The                           The primary HAP that would be                      development. However, these effects
     primary HAP emitted from the major                      addressed by this proposed rule include               may not be attributable to toluene alone.
     source friction materials manufacturing                 n-hexane, toluene, and                                We have classified toluene in Group D,
     facilities are HAP solvents from mixing                 trichloroethylene. Each are associated                not classifiable as to human
     operations. Currently, these include n-                 with a variety of adverse health effects,             carcinogenicity.
     hexane, toluene, and trichloroethylene.                 including chronic health disorders (e.g.,             II. Summary of the Proposed Rule
     The main sources of these HAP                           reproductive and developmental effects,
     emissions are the solvent mixers                        and effects on the central nervous                    A. What Is the Affected Source?
     themselves. Other potential sources of                  system (CNS)), and acute health                         The affected source is each existing
     HAP solvent emissions include                           disorders (e.g., irritation of the lung,              and new solvent mixer at a friction
     granulators, dryers, extruders, roll                    skin, and mucus membranes and effects                 materials manufacturing facility that is,
     machines, hot presses, and ovens.                       on the CNS, liver, and kidneys).                      or is part of, a major source of HAP
        Emissions from mixers can occur as                      Acute inhalation exposure of humans                emissions. A new affected source is one
     solvent is added to the mixer, during the               to high levels of hexane causes mild                  constructed or reconstructed after
     mixing cycle, and as fugitive emissions                 CNS effects, including dizziness,                     October 4, 2001. An existing affected
     when the mixed material is transferred                  giddiness, slight nausea, and headache.               source is one constructed or
     from the mixer to the next and                          Chronic exposure to hexane in air                     reconstructed on or before October 4,
     subsequent process operations. The type                 causes numbness in the extremities,                   2001.
     and quantity of organic HAP emissions                   muscular weakness, blurred vision,
     from solvent mixers varies depending                    headache, and fatigue. One study                      B. What Is the Emission Limitation?
     on the type of solvent used, the amount                 reported testicular damage in rats                      The proposed rule would require
     of solvent used per batch, the                          exposed to hexane through inhalation.                 owners and operators of both new and
     configuration of the mixer, and the                     No information is available on the                    existing affected solvent mixers to limit
     presence or absence of a solvent                        carcinogenic effects of hexane in                     emissions of total organic HAP
     recovery system. Three of the seven                     humans or animals. We have classified                 discharged to the atmosphere to 15

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     50772                 Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules

     percent or less of that loaded into an                  provisions of the proposed rule. Each                 affected source may be the same
     affected solvent mixer, based on a 7-day                report would be due no later than 30                  collection of equipment and processes
     block average.                                          days after the end of the reporting                   as the source category or it may be a
                                                             period. If no deviations occurred,                    subset of the source category. For each
     C. What Are the Initial and Continuous
                                                             owners and operators are only required                rule, we must decide which individual
     Compliance Requirements?
                                                             to submit a statement that there were no              pieces of equipment and processes
        Initial compliance would be                          deviations from the emission limitation               warrant separate standards in the
     determined by measuring and recording                   during the reporting period. More                     context of the CAA section 112
     the weight of solvent added to each                     detailed information would be required,               requirements and the industry operating
     affected mixer and the weight of solvent                as specified in the proposed rule, if a               practices.
     recovered for each mix batch over the                   deviation occurred or there was a                        We considered two approaches for
     first 7 consecutive days after the                      startup, shutdown, or malfunction                     designating the affected source for
     compliance date. Initial compliance is                  event. Owners and operators must                      friction materials manufacturing—the
     demonstrated if the average amount of                   submit an immediate report if they                    entire facility or individual emission
     solvent discharged to the atmosphere                    undertake actions during a startup,                   sources. We concluded that designating
     recorded for each mix batch over the 7-                 shutdown, or malfunction that are                     individual solvent mixers as the affected
     day period does not exceed 15 percent.                  inconsistent with the procedures in                   source is the most appropriate
     The proposed rule also includes                         their approved startup, shutdown, and                 approach. The solvent mixer is the only
     performance specifications for the                      malfunction plan, required by                         significant source of HAP emissions at
     weight measurement device as well as                    § 63.6(e)(3) of the General Provisions.               the four major sources, and controlling
     procedures for conducting the                           Deviations that occur during a period of              individual solvent mixers is consistent
     measurements and computing the                          startup, shutdown, or malfunction are                 with the approach to control applied at
     results. To demonstrate continuous                      not violations if the owner or operator               all four major sources. The affected
     compliance, owners and operators                        demonstrates to our satisfaction that the             source definition we selected is the
     would be required to continue to weigh                  affected source was operating in                      same for both new and existing sources.
     and record the percent of solvent                       accordance with the startup, shutdown,                We decided not to identify hot presses
     emitted for each mix batch and to                       and malfunction plan.                                 and curing ovens as affected sources
     maintain each 7-day block average at or                                                                       because HAP emissions from these
     below 15 percent.                                       E. What Are the Compliance Deadlines?                 sources are very low, none of the
     D. What Are the Notification,                              Existing sources must comply within                existing hot presses and curing ovens
     Recordkeeping, and Reporting                            2 years of the date of publication of the             are equipped with HAP controls, and
     Requirements?                                           final rule. New or reconstructed sources              we do not believe that hot presses and
                                                             must comply at startup, or upon the                   curing ovens at friction materials
       The proposed notification,                                                                                  manufacturers can effectively be
                                                             date of publication of the final rule,
     recordkeeping, and reporting                                                                                  controlled by add on controls.
                                                             depending on their startup date.
     requirements rely on the NESHAP
     General Provisions in 40 CFR part 63,                   III. Rationale for Selecting the Proposed             C. How Did We Select the Pollutants?
     subpart A. Table 1 in the proposed rule                 Standards                                                The HAP solvents currently used at
     shows each of the requirements in the                                                                         the friction materials manufacturing
                                                             A. How Did We Select the Source
     General Provisions (§§ 63.2 through                                                                           facilities estimated to be major sources
     63.15) and whether they apply.                                                                                include n-hexane, toluene, and
       Under today’s proposed rule, owners                      We added the friction products                     trichloroethylene. Whether these
     or operators subject to these standards                 manufacturing source category to the                  specific solvents will continue to be
     must submit each of the notifications                   list of major sources to be regulated                 used or whether they might in the future
     contained in the General Provisions that                under Title III on on June 4, 1996 (61                be replaced with other HAP solvents is
     applies to them. These include an initial               FR 28197) because we believed that a                  uncertain. As such, we believe that
     notification of applicability, which for                number of friction products                           establishing separate standards for
     existing sources is required within 120                 manufacturers had the potential to emit               individual solvents would be unwise.
     days of the promulgation date; and a                    HAP at major source levels. Friction                  Consequently, we have selected HAP
     notification of compliance status, which                products manufacturing includes                       solvent emissions as a surrogate for the
     must be submitted before the close of                   facilities that manufacture, assemble, or             individual HAP compounds n-hexane,
     business on the 30th calendar day                       rebuild friction products such as brakes              toluene, and trichloroethylene.
     following the completion of the initial                 or clutches. Based on additional
     compliance demonstration.                               information obtained during the                       D. How Did We Determine the Basis and
       In addition, owners or operators                      development of this proposed rule, we                 Level of the Proposed Emission
     subject to these standards would need to                have determined that only facilities that             Limitation for Solvent Mixers?
     prepare and maintain all records                        manufacture friction materials have the                  As reported previously, we surveyed
     required by the General Provisions to                   potential to emit HAP at major source                 the entire friction materials
     document compliance with each                           levels. As such, we have selected                     manufacturing industry and determined
     enforceable provision of the proposed                   friction materials manufacturing as the               that four facilities with solvent mixers
     rule. Records needed to show                            source category to regulate.                          emit HAP in excess of the major source
     continuous compliance with the                                                                                levels. Combined, these four facilities
                                                             B. How Did We Select the Affected
     emission limitation in the proposed rule                                                                      (referred to here as Plants A, B, C, and
     are to be kept for 5 years.                                                                                   D) operate a total of seven solvent
       We are also requiring owners and                        Affected source means the collection                mixers, of which three are equipped
     operators of all affected sources to                    of equipment and processes in the                     with air pollution controls, and four
     submit semiannual compliance reports                    source category or subcategory to which               have no control.
     which highlight any deviations from the                 the emission limitation and other                        Plant A operates one solvent mixer
     emission limitation and other                           regulatory requirements apply. The                    and uses toluene as the solvent.

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     According to information on air releases                is removed from the mix by the solvent                sources. The available information does
     reported by the plant to the 1998 Toxics                recovery system, and that the condenser               not allow for a floor calculation based
     Release Inventory (TRI), air emissions of               removes approximately 80 percent of                   on actual emissions data or State limits.
     toluene are on the order of 45 tons per                 the solvent vapors.                                   However, ranking the sources by the
     year. After mixing, solvent is drawn out                   Plant C has one solvent mixer that                 estimated performance of the control
     of the mixer under a strong vacuum.                     uses trichloroethylene as the solvent.                technology applied allows for a floor
     Data collected by plant personnel                       Based on the self-reported emissions                  determination based on the median of
     indicate that typically more than 95                    data to TRI for 1998, Plant C emits                   the best performing five sources, i.e., the
     percent of the solvent is removed from                  approximately 30 tons of                              third best performing source.
     the mixed material, with less than 5                    trichloroethylene per year. As with the                  Each of the three mixers with control
     percent remaining in the mix. The                       other two controlled mixers, solvent is               is equipped with a solvent recovery
     evacuated solvent vapors are then                       removed from the mixer under vacuum.                  system comprised of two components: a
     condensed in a non-contact condenser,                   No data are available on how much of                  vacuum system to remove the solvent
     which cools the vapors to 32 °F. Liquid                 the solvent is removed from the mixed                 from the mixed material, and a control
     condensate is collected and recycled to                 friction material by the vacuum system.               device that recovers the solvent from the
     the process, and uncondensed vapor is                   The solvent vapors are combined with                  exhaust. The overall performance of
     exhausted to the atmosphere through a                   the emissions from a solvent degreaser,               these systems is determined by the
     stack.                                                  and the comingled vapors are collected                performances of the individual
        Plant A has a State operating permit                 in an activated-carbon adsorber. The                  components, i.e., the efficiency of the
     which requires that the facility collect at             adsorbed solvent is recovered daily by                vacuum system at removing solvent
     least 85 percent (by weight) of the                     steam stripping the adsorber bed, and                 from the mixed material, and the
     solvent that is added to the mixer,                     the recovered solvent is sold.                        efficiency of the control device in
     averaged over a calender week. The                      Performance data based on a single                    removing the solvent vapors from the
     percent solvent recovery is determined                  inlet/outlet emissions test conducted in              vacuum exhaust.
     for each individual mix batch by                        1996 indicate that the subject adsorber                  Plants A and B both use a condenser
     weighing the amount of solvent loaded                   is capable of achieving 94 percent                    to recover the solvent vapors. Based on
     into the mixer and weighing the amount                  control. It should be noted that control              the available data, Plant A’s recovery
     of solvent recovered by the condenser.                  efficiency does not equate to solvent                 system performs better than the
     Plant A began collecting solvent                        recovery since it does not account for                recovery system used at Plant B. Plant
     recovery data for each batch in January                 the residual solvent content remaining                A’s vacuum system removes 95 percent
     1999. We reviewed the solvent recovery                  in the mixed material. If one assumes                 of the toluene from the mixer, and the
     records from January 1999 through                       that the residual solvent content is                  condenser removes 90 percent of the
     October 1999 and found that the 85                      similar to that achieved at Plants A and              solvent vapor, resulting in an overall
     percent solvent recovery limit has been                 B (i.e., between 5 and 10 percent), the               solvent recovery efficiency of 85
     consistently achieved on a weekly, or 7-                corresponding percent of solvent                      percent. Plant B’s vacuum system is
     day block average, basis.                               recovered would be on the order of 85                 estimated to remove 90 percent of the
        Plant B has four solvent mixers that                 and 90 percent.                                       hexane from the mixer, and the
     use n-hexane as the solvent. Again,                        Plant D operates one solvent mixer                 condenser removes 80 percent of the
     based on self-reported emissions data to                that uses toluene as the solvent. Based               hexane vapors from the vacuum
     TRI for 1998, Plant B emits                             on the self-reported emissions data to                exhaust, resulting in an overall solvent
     approximately 450 tons of hexane                        TRI for 1998, Plant D emits about 40                  recovery efficiency of 70 percent.
     annually. Three of the four mixers have                 tons of toluene annually. Plant D has no                 Plant C uses a carbon adsorber to
     no air pollution controls. All of the                   air pollution controls on its mixer, and              recover the trichloroethylene solvent
     solvent added to these mixers is emitted                100 percent of the solvent used is                    vapors contained in the vacuum exhaust
     to the atmosphere. The fourth mixer has                 emitted to the atmosphere.                            coming from the mixer. The 94 percent
     a solvent recovery system similar to the                                                                      control efficiency estimated for the
     one described for Plant A. Solvent is                   Selection of MACT                                     carbon adsorber is the highest of the
     drawn out of the mixed material by                         We have determined that the MACT                   three control devices applied. However,
     vacuum. The solvent vapors are then                     floor for existing mixers is a solvent                as stated previously, we have no
     collected by a non-contact condenser,                   recovery system with a 70 percent                     information from which to assess the
     which cools the solvent vapor to 60°F.                  solvent recovery efficiency, and the                  effectiveness of the vacuum system at
     Once a quarter, Plant B performs a                      MACT floor for new mixers is a solvent                removing the solvent from the mixed
     solvent mass balance for one batch to                   recovery system with a 85 percent                     material. Without this information, we
     evaluate the performance of the solvent                 solvent recovery efficiency. We have                  cannot determine the overall solvent
     recovery system. The amount of solvent                  also determined that it is both                       recovery efficiency achieved by the
     added to the mixer is measured using a                  technically and economically feasible                 vacuum system and carbon adsorber at
     calibrated flow meter and the amount of                 for existing mixers to achieve better                 Plant C. However, we believe that it is
     solvent recovered by the condenser is                   than the floor level of control and are,              reasonable to assume that the vacuum
     weighed. The results of these                           therefore, establishing MACT for both                 system at Plant C is comparable to the
     measurements indicate that                              new and existing solvent mixers at 85                 systems at Plants A and B. Therefore, for
     approximately 70 percent of the solvent                 percent solvent recovery efficiency. The              the purpose of determining the MACT
     is recovered by the solvent recovery                    following paragraphs describe how we                  floor, we have assumed that the vacuum
     system on average. A moisture analysis                  determined the MACT floors, and our                   system at Plant C is 90 percent efficient
     is also performed on a sample of the                    rationale for going beyond the floor for              at removing the solvent from the mixed
     mixed material to determine how much                    existing mixers.                                      material (the lesser of the two known
     solvent remains in the mix. Using these                    Because there are only seven solvent               efficiencies), and have assigned an 85
     data and the overall system efficiency,                 mixers (fewer than 30 sources), the                   percent solvent recovery efficiency for
     plant personnel have determined that                    MACT floor for existing solvent mixers                the overall system (vacuum system and
     approximately 90 percent of the solvent                 is based on the best performing five                  carbon adsorber). Our assumption

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     50774                 Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules

     regarding Plant C’s vacuum system                       cooled condenser, or a Freon-cooled                   from all friction materials
     efficiency does not impact the MACT                     condenser. The vapor pressure of                      manufacturing, we believe it is not
     determination for existing sources since                hexane, the solvent used at Plant B, is               feasible currently to eliminate HAP
     the floor, as selected below, is                        estimated to be approximately 100                     solvent usage from all friction materials
     ultimately based on Plant B, and since                  millimeters of mercury (mm of Hg) at                  manufacturing.
     we have decided to establish MACT at                    60°F. At 32°F, the vapor pressure of
                                                                                                                   Selection of the Standards
     a level beyond the floor.                               hexane is estimated to be approximately
        The ranking of the five best sources                 50 mm of Hg. This indicates that the                    The CAA requires us to set numerical
     for purposes of the floor determination                 penetration (the amount of solvent that               emission limitations unless the setting
     is as follows: 85 percent for Plants A                  is not condensed) would be halved by                  or enforcement of a numerical emission
     and C, 70 percent for Plant B, and zero                 lowering the condenser outlet                         limitation is infeasible, in which case a
     percent recovery for any two of the                     temperature at Plant B from 60°F                      design, equipment, work practice, or
     remaining mixers. The third best                        degrees to 32°F. Since the current                    operational standard can be set.
     performing source and, thus, the MACT                   condenser is estimated to be 80 percent               Consequently, we have selected a format
     floor for existing solvent mixers is the                efficient, we would predict that a                    for the standards that expresses the goal
     mixer at Plant B with 70 percent solvent                condenser with a 32°F outlet                          of 85 percent solvent recovery as an
     recovery. The MACT floor for new                        temperature would achieve 90 percent                  emission limit based on the amount of
     mixers is based on the best performing                  efficiency for this gas stream. If Plant B            solvent loaded into the mixer and the
     solvent recovery system. We have                        were to install both an improved                      amount recovered. Specifically, the
     determined that Plant A has the best                    vacuum system and an improved                         proposed standards would limit the
     performing solvent recovery system and                  condenser, we predict the overall                     HAP solvent emissions to the
     have set the MACT floor for new mixers                  solvent recovery would be 85 percent                  atmosphere to no more than 15 percent
     at an 85 percent solvent recovery                       (0.95 × 0.90 × 100 percent = 85 percent).             of that loaded into the solvent mixer.
     efficiency.                                             Based on the above analysis, we believe                 We also evaluated several averaging
        Next we evaluated options that would                 that it is technically feasible to achieve            times to determine an appropriate
     be more stringent than the floor. Clearly               85 percent solvent recovery on each                   averaging time for the standards. We
     requiring existing mixers to meet an 85                 existing solvent mixer used at friction               determined that a long averaging time
     percent solvent recovery efficiency is an               materials manufacturing facilities.                   (such as a 30-day or annual average)
     option for existing mixers. We looked at                   We also believe it is economically                 would not be appropriate because it
     the volatility of the three different                   feasible to achieve 85 percent solvent                would allow for long periods of under
     solvents used at the existing solvent                   recovery on each existing solvent mixer.              performance by the solvent recovery
     mixers to determine if the volatility of                The incremental costs to install and                  system. In addition, one deviation from
     the solvents could limit the vacuum                     operate a solvent recovery system that                a 30-day or annual average would put
     system efficiency such that for certain                 achieves 85 percent over that of a                    the plant at risk of being determined to
     solvents an 85 percent solvent recovery                 system that would achieve 70 percent                  be out of compliance for the entire
     efficiency could not be achieved.                       are minimal. Nationwide capital for the               period. We determined that requiring
     Vacuum systems remove solvent from                      above-the-floor alternative increases by              compliance on a per batch basis (i.e. no
     the mixed material by evaporation at                    $92,000 over the floor level. However,                averaging) would also be inappropriate
     low pressure. Consequently, the higher                  because more solvent is recovered under               since it would not accommodate normal
     the volatility of the solvent, the more                 the above-the-floor alternative, the                  variability in the residual solvent
     easily it can be removed by a vacuum                    annual costs decrease by $29,000 per                  requirements for different product
     system. Of the three solvents used,                     year.                                                 mixes. The use of a 7-day block average
     hexane is the most volatile, while                         We also evaluated and rejected an                  provides time to detect and correct
     toluene is the least volatile. Based on                 option that would prohibit the use of                 problems (e.g., individual mix batches
     the available data, Plant A’s vacuum                    HAP solvents altogether. The HAP                      not achieving the emission limitation)
     system efficiency of 95 percent is the                  solvent usage has declined significantly              without the risk of the longer averaging
     best of the existing systems. Since Plant               as friction materials manufacturers                   periods. A 7-day block average is also
     A also uses the least volatile solvent                  develop formulations and processes that               consistent with the existing State
     (i.e., toluene) it is clear that a vacuum               either use non-HAP solvents or need no                operating permit requirements for Plant
     system efficiency of 95 percent can be                  solvents in the mixing process (i.e., dry             A.
     achieved for all three of the solvents                  mixing). Personnel at Plants B and C are
     used at the existing plants.                            actively working to identify alternatives             E. How Did We Select the Initial and
        We then evaluated the condenser                      to the HAP solvent they currently use.                Continuous Compliance Requirements?
     used at Plant B, the poorer performer of                Plant B uses a dry mixer to mix many                     We selected the initial and
     the sources with condensers, to                         of the formulations it currently makes,               continuous compliance requirements
     determine if improvements to condenser                  but must use hexane to mix those                      based on a combination of the generic
     efficiency are possible. The key                        formulations where the dry mixing                     requirements in the General Provisions
     parameter that determines condenser                     process cannot meet the performance                   (subpart A, 40 CFR part 63) and specific
     performance for a given solvent is the                  characteristics needed. They have also                requirements tailored to the friction
     outlet temperature of the condenser.                    investigated several non-HAP solvents,                materials manufacturing source
     The lower the outlet temperature of the                 but have not yet identified an acceptable             category.
     condenser, the more solvent will be                     alternative to hexane. Plant C uses non-                 We are requiring owners or operators
     condensed, and the higher the                           HAP solvents to mix many of the                       of all affected sources to demonstrate
     condenser efficiency will be. For Plant                 friction materials they manufacture, but              initial compliance with the emission
     B, the condenser outlet temperature is                  still have a number of formulations that              limitation for solvent mixers within 2
     60°F. This compares to an outlet                        require the use of trichloroethylene to               years of the date of publication of the
     temperature of 32°F at Plant A.                         achieve the necessary characteristics.                final rule. We feel that 2 years should
     Condenser outlet temperatures of 32°F                   While it may be possible in the future                provide sufficient time for the affected
     can be obtained with either a glycol-                   to eliminate the use of HAP solvents                  facilities to purchase and install control

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                           Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules                                          50775

     equipment capable of meeting the                        reports that relate to performance tests,             recordkeeping, and reporting
     standards. We feel that a compliance                    continuous emissions monitoring                       requirements of this proposed rule.
     date of less than 2 years may not be long               systems (CEMS), continuous opacity                       Implementation of the control and
     enough due to the potential need for                    monitoring systems (COMS), opacity                    monitoring requirements is expected to
     process modifications and product                       observations or other visible emission                result in a nationwide capital cost of
     testing to accommodate solvent                          (VE) observations since none of these                 about $253,000, with a total annualized
     recovery.                                               requirements are relevant to the
        To demonstrate initial compliance                                                                          cost (without recovery credits) of
                                                             proposed rule. The records and reports                approximately $206,000 per year.
     with the emission limitation for solvent                required by the proposed rule are the
     mixers, owners or operators would be                                                                          Nationwide total annualized cost,
                                                             minimum needed to demonstrate
     required to demonstrate that the percent                                                                      including credits for recovered solvent,
                                                             continuous compliance.
     of HAP solvent discharged to the                                                                              is estimated to be about $43,000 per
     atmosphere during the first 7 days after                IV. Summary of Environmental, Energy                  year.
     the compliance date, expressed as a 7-                  and Economic Impacts
                                                                                                                   C. What Are the Economic Impacts?
     day block average, does not exceed 15                   A. What Are the Air Emission Impacts?
     percent of that loaded into an affected                                                                          Based on the control cost estimates
     solvent mixer. In order to demonstrate                     Estimates of organic HAP emissions
                                                                                                                   provided above, we believe the
     continuous compliance, owners and                       from the use of solvents are based on a
                                                                                                                   economic impacts associated with this
     operators would be required to show on                  mass balance using solvent usage data
                                                                                                                   proposed rule will be negligible. In
     an ongoing basis that the percent of                    collected during the industry survey,
                                                                                                                   1992, there were 53 facilities
     HAP solvent discharged to the                           estimates of solvent recovery
                                                             efficiencies for existing controls, and the           manufacturing friction materials. Of
     atmosphere for each successive 7-day                                                                          these 53 facilities, four are affected by
     period does not average more than 15                    proposed solvent emission limitation of
                                                             15 percent or 85 percent recovery. Four               the proposed rule and will incur control
     percent of that loaded into an affected                                                                       and monitoring costs. The total
     mixer. We selected a 7-day block                        currently uncontrolled mixers will need
                                                             to be fitted with a solvent recovery                  annualized cost of $206,000 per year
     averaging period as part of the standards                                                                     (without recovery credits) is much less
     to accommodate necessary variations in                  system, and the solvent recovery system
                                                             on one existing mixer will need to be                 than 1 percent of industry revenues.
     residual solvent in some product mixes.                                                                       When we consider the solvent recovery
        Testing requirements include the                     upgraded. The remaining two mixers
                                                             currently meet the proposed standards                 credits along with control technology
     weighing of solvent loaded into each
                                                             and as such should require no                         costs, the total economic impact of this
     affected solvent mixer and the weighing
     of solvent recovered for each mix batch.                additional upgrades. We estimate that                 proposed rule is a cost to the industry
     Compliance is then determined against                   the proposed rule would reduce organic                of $43,000 per year. As a result, the
     the average recovery achieved for each                  HAP emissions by approximately 340                    impacts of this rule are substantivally
     mix batch over each 7-day block period.                 tpy from a baseline level of about 670                less than 1 percent of total revenues and
     Requirements of the weight                              tpy. Emissions of volatile organic                    is not significant enough to alter the
     measurement device include a                            compounds (VOC) would also be                         market price for friction materials.
     minimum accuracy and requirements                       reduced by 340 tpy because these HAP                  D. What Are the Non-Air Quality
     for calibration and inspection.                         are also VOC.
                                                                                                                   Environmental and Energy Impacts?
        We selected weighing as the means                    B. What Are the Cost Impacts?
     for determining compliance based on                                                                              Indirect air impacts of today’s
     our strong belief that each affected                       We obtained process and emissions                  proposed rule would result from
     facility will elect to comply with the                  data from the facilities with the best-               increased electricity usage associated
     HAP solvent emission limit by installing                controlled solvent mixers and                         with operation of control devices (i.e.,
     and operating a condenser-based solvent                 incorporated these data into the control              condensers) installed to meet the
     recovery system over other control                      cost algorithms for condensers in the                 proposed emission limitation. Assuming
     measures such as carbon adsorption or                   ‘‘OAQPS Control Cost Manual’’ (EPA
                                                                                                                   that plants will purchase electricity
     incineration. Weighing precludes the                    450/3–90–006). We then applied these
                                                                                                                   from a power plant, we estimate that the
     need for costly emissions testing and                   costs to those facilities that we project
                                                                                                                   proposed rule would increase secondary
     provides continuing compliance                          would be impacted by the proposed
                                                                                                                   emissions of criteria pollutants from
     assurance on a weekly basis. If an owner                standards. As stated above, we project
                                                                                                                   power plants by less than 0.5 tpy. These
     or operator elects to use a control device              that five mixers located at two facilities
                                                                                                                   criteria pollutants include particulate
     other than a condenser-based solvent                    would be impacted by the proposed
                                                                                                                   matter, sulfur dioxide, nitrogen oxides,
     recovery system, they would be allowed                  rule. Four existing mixers would need
                                                                                                                   and carbon monoxide. The overall
     to petition the Administrator for                       to be equipped with solvent recovery
                                                             systems, and the existing solvent                     energy demand is expected to increase
     approval to use an alternative means of                                                                       by about 340 million British thermal
     demonstrating initial and continuous                    recovery system on a fifth mixer would
                                                             need to be upgraded to meet the                       units per year (MMBtu/yr) nationwide
     compliance with the emission limitation                                                                       under the proposed rule. This increase
     for solvent mixers.                                     proposed standards. Both facilities
                                                             would incur capital costs to install                  in energy demand is based on the
     F. How Did We Select the Notification,                  condensers to meet the proposed                       electricity required to operate the
     Recordkeeping, and Reporting                            standards, as well as annual costs to                 vacuum and condenser systems needed
     Requirements?                                           operate and maintain the condensers.                  to comply with the proposed rule.
       Generally, we selected the                            Monitoring is also an important                          Because impacted facilities are
     notification, recordkeeping, and                        component of MACT and the cost                        expected to reuse or sell the solvent
     reporting requirements consistent with                  estimate. We expect that all four                     recovered by the condensers, we do not
     those contained in the subpart A                        facilities affected by today’s proposed               anticipate any significant wastewater or
     General Provisions. We deleted,                         rule will incur some additional yearly                solid waste impacts as a result of today’s
     however, notifications, records, and                    costs due to the monitoring,                          proposed rule.

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     V. Solicitation of Comments and Public                  between the national government and                   Order 12866, and (2) concerns an
     Participation                                           the States, or on the distribution of                 environmental health or safety risk that
        We seek full public participation in                 power and responsibilities among the                  EPA has reason to believe may have a
     arriving at final decisions and encourage               various levels of government.’’                       disproportionate effect on children. If
     comments on all aspects of this proposal                   This proposed rule does not have                   the regulatory action meets both criteria,
                                                             federalism implications. It will not have             EPA must evaluate the environmental
     from all interested parties. You need to
                                                             substantial direct effects on the States,             health or safety effects of the planned
     submit full supporting data and detailed
                                                             on the relationship between the national              rule on children, and explain why the
     analyses with your comments to allow
                                                             government and the States, or on the                  planned rule is preferable to other
     us to make the best use of them. Be sure
                                                             distribution of power and                             potentially effective and reasonably
     to direct your comments to the Air and
                                                             responsibilities among the various                    feasible alternatives that EPA
     Radiation Docket and Information
                                                             levels of government, as specified in                 considered.
     Center, Docket No. A–97–57 (see
                                                             Executive Order 13132. None of the                       The EPA interprets Executive Order
                                                             affected facilities are owned or operated             13045 as applying only to those
     VI. Administrative Requirements                         by State governments, and the rule                    regulatory actions that are based on
                                                             requirements will not supercede State                 health or safety risks, such that the
     A. Executive Order 12866, Regulatory                    regulations that are more stringent.                  analysis required under section 5–501 of
     Planning and Review                                     Thus, Executive Order 13132 does not                  the Executive Order has the potential to
        Under Executive Order 12866 (58 FR                   apply to this proposed rule.                          influence the rule. This proposed rule is
     51735, October 4, 1993), EPA must                          In the spirit of Executive Order 13132             not subject to Executive Order 13045
     determine whether the regulatory action                 and consistent with EPA policy to                     because it is based on technology
     is ‘‘significant’’ and, therefore, subject to           promote communications between EPA                    performance and not on health or safety
     review by the Office of Management and                  and State and local governments, EPA                  risks. No children’s risk analysis was
     Budget (OMB) and the requirements of                    specifically solicits comments on this                performed because no alternative
     the Executive Order. The Executive                      proposed rule from State and local                    technologies exist that would provide
     Order defines ‘‘significant regulatory                  officials.                                            greater stringency at a reasonable cost.
     action’’ as one that is likely to result in                                                                   Furthermore, this proposed rule has
                                                             C. Executive Order 13175, Consultation
     a rule that may:                                                                                              been determined not to be
        (1) Have an annual effect on the                     and Coordination with Indian Tribal
                                                                                                                   ‘‘economically significant’’ as defined
     economy of $100 million or more or                      Governments
                                                                                                                   under Executive Order 12866.
     adversely affect in a material way the                     Executive Order 13175, entitled
                                                             ‘‘Consultation and Coordination with                  E. Unfunded Mandates Reform Act of
     economy, a sector of the economy,
                                                             Indian Tribal Governments’’ (65 FR                    1995
     productivity, competition, jobs, the
     environment, public health or safety, or                67249, November 6, 2000), requires EPA                   Title II of the Unfunded Mandates
     State, local, or tribal governments or                  to develop an accountable process to                  Reform Act of 1995 (UMRA), Public
     communities;                                            ensure ‘‘meaningful and timely input by               Law 104–4, establishes requirements for
        (2) Create a serious inconsistency or                tribal officials in the development of                Federal agencies to assess the effects of
     otherwise interfere with an action taken                regulatory policies that have tribal                  their regulatory actions on State, local,
     or planned by another agency;                           implications.’’ ‘‘Policies that have tribal           and tribal governments and the private
        (3) Materially alter the budgetary                   implications’’ is defined in the                      sector. Under section 202 of the UMRA,
     impact of entitlements, grants, user fees,              Executive Order to include regulations                EPA generally must prepare a written
     or loan programs, or the rights and                     that have ‘‘substantial direct effects on             statement, including a cost-benefit
     obligation of recipients thereof; or                    one or more Indian tribes, on the                     analysis, for proposed and final rules
        (4) Raise novel legal or policy issues               relationship between the Federal                      with ‘‘Federal mandates’’ that may
     arising out of legal mandates, the                      government and the Indian tribes, or on               result in expenditures by State, local,
     President’s priorities, or the principles               the distribution of power and                         and tribal governments, in the aggregate,
     set forth in the Executive Order.                       responsibilities between the federal                  or by the private sector, of $100 million
        Pursuant to the terms of Executive                   government and Indian tribes.’’                       or more in any 1 year. Before
     Order 12866, it has been determined                        This proposed rule does not have                   promulgating an EPA rule for which a
     that this rule is not a ‘‘significant                   tribal implications. It will not have                 written statement is needed, section 205
     regulatory action’’ because none of the                 substantial direct effects on tribal                  of the UMRA generally requires EPA to
     listed criteria apply to this action.                   governments, on the relationship                      identify and consider a reasonable
     Consequently, this action was not                       between the Federal government and                    number of regulatory alternatives and
     submitted to OMB for review under                       Indian tribes, or on the distribution of              adopt the least costly, most cost-
     Executive Order 12866.                                  power and responsibilities between the                effective, or least burdensome
                                                             Federal government and Indian tribes,                 alternative that achieves the objectives
     B. Executive Order 13132, Federalism                                                                          of the rule. The provisions of section
                                                             as specified in Executive Order 13175.
        Executive Order 13132, entitled                      No tribal governments own or operate                  205 do not apply when they are
     ‘‘Federalism’’ (64 FR 43255, August 10,                 friction material manufacturing                       inconsistent with applicable law.
     1999), requires EPA to develop an                       facilities. Thus, Executive Order 13175               Moreover, section 205 allows EPA to
     accountable process to ensure                           does not apply to this proposed rule.                 adopt an alternative other than the least
     ‘‘meaningful and timely input by State                                                                        costly, most cost-effective, or least
     and local officials in the development of               D. Executive Order 13045, Protection of               burdensome alternative if the
     regulatory policies that have federalism                Children from Environmental Health                    Administrator publishes with the final
     implications.’’ ‘‘Policies that have                    Risks and Safety Risks                                rule an explanation why that alternative
     federalism implications’’ is defined in                   Executive Order 13045 (62 FR 19885,                 was not adopted. Before EPA establishes
     the Executive Order to include                          April 23, 1997) applies to any rule that:             any regulatory requirements that may
     regulations that have ‘‘substantial direct              (1) is determined to be ‘‘economically                significantly or uniquely affect small
     effects on the States, on the relationship              significant’’ as defined under Executive              governments, including tribal

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                           Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules                                           50777

     governments, it must have developed                     small entities, I certify that this action            submitted to EPA pursuant to the
     under section 203 of the UMRA a small                   will not have a significant economic                  recordkeeping and reporting
     government agency plan. The plan must                   impact on a substantial number of small               requirements for which a claim of
     provide for notifying potentially                       entities. We have determined that only                confidentiality is made is safeguarded
     affected small governments, enabling                    one company meets one of the                          according to EPA’s policies set forth in
     officials of affected small governments                 definitions of small entity—a small                   40 CFR part 2, subpart B.
     to have meaningful and timely input in                  business that has no more than 500                       The proposed rule would require
     the development of EPA’s regulatory                     employees for NAICS code 333613. This                 maintenance inspections of the control
     proposals with significant Federal                      company owns only one of the four                     devices but would not require any
     intergovernmental mandates, and                         facilities subject to today’s proposed                notifications or reports beyond those
     informing, educating, and advising                      rule. The mixer at this facility is                   required by the NESHAP General
     small governments on compliance with                    equipped with a solvent recovery                      Provisions. The recordkeeping
     the regulatory requirements.                            system capable of meeting the                         requirements require only the specific
        The EPA has determined that this                     requirements of this proposed rule. As                information needed to determine
     proposed rule does not contain a                        such, the additional burden to this                   compliance.
     Federal mandate that may result in                      facility as a result of this proposed rule               The annual public reporting and
     estimated costs of $100 million or more                 would be $21,000 per year for                         recordkeeping burden for this collection
     for State, local, and tribal governments,               recordkeeping and reporting costs                     of information (averaged over the first 3
     in the aggregate, or the private sector in              associated with demonstrating                         years after the effective date of the final
     any 1 year. The maximum total annual                    continued compliance with the                         rule) is estimated to be 577 labor hours
     cost of this proposed rule for any year                 proposed rule. There are several firms                per year, at a total annual cost of
     has been estimated to be less than                      subject to today’s proposed rule whose                $26,657. This burden estimate includes
     $206,000. Thus, today’s proposed rule is                costs will be a greater percentage of                 the cost to install and operate the weight
     not subject to the requirements of                      sales than this small business.                       measurement device; one-time
     sections 202 and 205 of the UMRA. In                      Although this proposed rule will not                submission of a startup, shutdown, and
     addition, EPA has determined that this                  have a significant impact on a                        malfunction plan, with semiannual
     proposed rule contains no regulatory                    substantial number of small entities,                 reports for any event when the
     requirements that might significantly or                EPA nonetheless has tried to reduce the               procedures in the plan were not
     uniquely affect small governments                       impact of this proposed rule on small                 followed; semiannual compliance
     because it contains no requirements that                entities. We held a number of meetings                reports; maintenance inspections;
     apply to such governments or impose                     with industry in which the one small                  notifications; and recordkeeping. Total
     obligations upon them. Therefore,                       business participated, and we visited                 capital/startup costs associated with the
     today’s proposed rule is not subject to                 the one small business impacted by this               monitoring requirements over the 3-year
     the requirements of section 203 of the                  proposed rule. The EPA continues to be                period of the ICR are estimated at
     UMRA.                                                   interested in the potential impacts of the            $15,913, with operation and
                                                             proposed rule on small entities and                   maintenance costs of $261/yr.
     F. Regulatory Flexibility Act (RFA), as                                                                          Burden means the total time, effort, or
                                                             welcomes comments on issues related to
     Amended by the Small Business                                                                                 financial resources expended by persons
                                                             such impacts.
     Regulatory Enforcement Fairness Act of                                                                        to generate, maintain, retain, or disclose
     1966 (SBREFA), 5 U.S.C. 601 et seq.                     G. Paperwork Reduction Act                            or provide information to or for a
        The RFA generally requires an agency                    The information collection                         Federal agency. This includes the time
     to prepare a regulatory flexibility                     requirements in this proposed rule have               needed to: review instructions; develop,
     analysis for any rule subject to notice                 been submitted for approval to OMB                    acquire, install, and utilize technology
     and comment rulemaking requirements                     under the Paperwork Reduction Act, 44                 and systems for the purposes of
     under the Administrative Procedure Act                  U.S.C. 3501 et seq. The EPA has                       collecting, validating, and verifying
     or any other statute unless the agency                  prepared an Information Collection                    information, processing and
     certifies that the rule will not have a                 Request (ICR) document (ICR No.                       maintaining information, and disclosing
     significant economic impact on a                        2025.01), and you may obtain a copy                   and providing information; adjust the
     substantial number of small entities.                   from Sandy Farmer by mail at the Office               existing ways to comply with any
     Small entities include small businesses,                of Environmental Information,                         previously applicable instructions and
     small organizations, and small                          Collection Strategies Division, U.S. EPA              requirements; train personnel to be able
     governmental jurisdictions.                             (2822), 1200 Pennsylvania Avenue NW,                  to respond to a collection of
        For purposes of assessing the impacts                Washington, DC 20460; by email at                     information; search existing data
     of today’s proposed rule on small             ; or by calling                   sources; complete and review the
     entities, small entity is defined as: (1) a             (202) 260–2740. You may also                          collection of information; and transmit
     small business that has no more than                    download a copy off the Internet at                   or otherwise disclose the information.
     500 employees for NAICS codes 327999           The information                  An Agency may not conduct or
     and 333613 or no more than 750                          requirements are not effective until                  sponsor, and a person is not required to
     employees for SIC code 33634; (2) a                     OMB approves them.                                    respond to, a collection of information
     small governmental jurisdiction that is a                  The information requirements are                   unless it displays a currently valid OMB
     government of a city, county, town,                     based on notification, recordkeeping,                 control number. The OMB control
     school district, or special district with a             and reporting requirements in the                     numbers for EPA’s regulations are listed
     population of less than 50,000; and (3)                 NESHAP General Provisions (40 CFR                     in 40 CFR part 9 and 48 CFR chapter 15.
     a small organization that is any not-for                part 63, subpart A), which are                           Comments are requested on the EPA’s
     profit enterprise which is independently                mandatory for all operators subject to                need for this information, the accuracy
     owned and operated and is not                           NESHAP. These recordkeeping and                       of the provided burden estimates, and
     dominant in its field.                                  reporting requirements are specifically               any suggested methods for minimizing
        After considering the economic                       authorized by section 114 of the CAA                  respondent burden, including through
     impacts of today’s proposed rule on                     (42 U.S.C. 7414). All information                     the use of automated collection

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     50778                 Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules

     techniques. Send comments on the ICR                    rulemaking primarily because this                     What This Subpart Covers
     to the Director, Collection Strategies                  standard is not a complete weighing                   63.9480 What is the purpose of this
     Division, U.S. EPA (2822), 1200                         procedure since it does not include a                     subpart?
     Pennsylvania Avenue NW, Washington,                     pretest procedure.                                    63.9485 Am I subject to this subpart?
     DC 20460; and to the Office of                            The voluntary consensus standard                    63.9490 What parts of my plant does this
     Information and Regulatory Affairs,                                                                               subpart cover?
                                                             ASME Power Test Codes, ‘‘Supplement                   63.9495 When do I have to comply with
     Office of Management and Budget, 725                    on Instruments and Apparatus, Part 5,                     this subpart?
     17th Street NW, Washington, DC 20503;                   Measurement of Quantity of Materials,
     marked ‘‘Attention: Desk Officer for                    Chapter 1, Weighing Scales,’’ is                      Emission Limitation
     EPA.’’ Include the ICR number in any                    impractical for the purposes of this                  63.9500 What emission limitation must I
     correspondence. Since OMB is required                   rulemaking because it does not specify                    meet?
     to make a decision concerning the ICR                   the number of initial calibration weights             General Compliance Requirements
     between 30 and 60 days after October 4,                 to be used nor a specific pretest weight
     2001, a comment to OMB is best assured                                                                        63.9505 What are my general requirements
                                                             procedure.                                                for complying with this subpart?
     of having its full effect if OMB receives                 Section 63.9525 to proposed subpart
     it by November 5, 2001. The final rule                                                                        Initial Compliance Demonstration
                                                             QQQQQ lists the testing procedures                    Requirements
     will respond to any OMB or public                       included in this proposed rule. Under
     comments on the information collection                  § 63.8 of the General Provisions, a                   63.9510 By what date must I conduct my
     requirements contained in this proposal.                                                                           initial compliance demonstration?
                                                             source may apply to EPA for permission                63.9515 How do I demonstrate initial
     H. National Technology Transfer and                     to use alternative monitoring in place of                  compliance with the emission limitation
     Advancement Act of 1995                                 any of the EPA testing methods.                            that applies to me?
        Section 12(d) of the National                                                                              63.9520 What procedures must I use to
                                                             I. Executive Order 13211 (Energy                           demonstrate initial compliance?
     Technology Transfer and Advancement                     Effects)                                              63.9525 What are the installation,
     Act of 1995 (NTTAA) Public Law No.                                                                                 operation, and maintenance
     104–113 (15 U.S.C. 272 note) directs the                  This rule is not subject to Executive
                                                                                                                        requirements for my weight
     EPA to use voluntary consensus                          Order 13211, ‘‘Actions Concerning
                                                                                                                        measurement device?
     standards in its regulatory and                         Regulations That Significantly Affect
                                                             Energy Supply, Distribution, or Use’’ (66             Continuous Compliance Requirements
     procurement activities unless to do so
     would be inconsistent with applicable                   FR 28355 (May 22, 2001)) because it is                63.9530 How do I demonstrate continuous
     law or otherwise impractical. Voluntary                 not a significant regulatory action under                 compliance with the emission limitation
                                                             Executive Order 12866.                                    that applies to me?
     consensus standards are technical (e.g.,
     materials specifications, test methods,                   We welcome comment on this aspect                   Notifications, Reports, and Records
     sampling procedures, business                           of the proposed rulemaking and,                       63.9535 What notifications must I submit and
     practices) developed or adopted by one                  specifically, invite the public to identify               when?
     or more voluntary consensus bodies.                     potentially applicable voluntary                      63.9540 What reports must I submit and
     The NTTAA directs EPA to provide                        consensus standards and to explain why                    when?
     Congress, through annual reports to                     such standards should be used in this                 63.9545 What records must I keep?
     OMB, with explanations when an                          proposed rule.                                        63.9550 In what form and how long must I
                                                                                                                       keep my records?
     agency does not use available and
                                                             List of Subjects in 40 CFR Part 63
     applicable voluntary consensus                                                                                Other Requirements and Information
     standards.                                                Environmental protection,                           63.9555 What parts of the General
        This rulemaking involves a technical                 Administrative practice and procedure,                    Provisions apply to me?
     standard. The EPA is proposing test                     Air pollution control, Friction products              63.9560 Who implements and enforces this
     methods based on the weighing portion                   manufacturing, Hazardous substances,                      subpart?
     of EPA Method 28 (section 7.1) for                      Intergovernmental relations, Reporting                63.9565 What definitions apply to this
     weighing of recovered solvent.                          and recordkeeping requirements.                           subpart?
                                                                                                                   63.9570 How do I apply for alternative
     Consistent with the NTTAA, EPA                            Dated: September 28, 2001.                              compliance requirements?
     conducted searches to identify                                                                                63.9571–63.9579 [Reserved]
                                                             Christine Todd Whitman,
     voluntary consensus standards that
                                                             Administrator.                                        Table
     could be used in addition to this EPA
     method.                                                   For the reasons stated in the                       Table 1 to Subpart QQQQQ—Applicability of
        The search for emissions                             preamble, title 40, chapter I, part 63 of                 General Provisions to Subpart QQQQQ
     measurement procedures identified two                   the Code of Federal Regulations is
     voluntary consensus standards                                                                                 Subpart QQQQQ—National Emission
                                                             proposed to be amended as follows:
     potentially applicable to this proposed                                                                       Standards for Hazardous Air Pollutants
     rule. The EPA determined these two                      PART 63—[AMENDED]                                     for Friction Materials Manufacturing
     standards identified for measuring                                                                            Facilities
     recovered solvent on a scale were                         1. The authority citation for part 63
                                                             continues to read as follows:                         What This Subpart Covers
     impractical alternatives to the EPA test
     methods for the purposes of this                          Authority: 42 U.S.C. 7401, et seq.                  § 63.9480    What is the purpose of this
     proposed rule. Therefore, EPA does not                                                                        subpart?
                                                               2. Part 63 is proposed to be amended                  This subpart establishes national
     intend to adopt these standards for this
                                                             by adding subpart QQQQQ to read as                    emission standards for hazardous air
        The voluntary consensus standard                     follows:                                              pollutants (NESHAP) for friction
     ASTM E319–85 (Reapproved 1997),                         Subpart QQQQQ—National Emission                       materials manufacturing facilities that
     ‘‘Standard Practice for the Evaluation of               Standards for Hazardous Air Pollutants for            use a solvent-based process. This
     Single-Pan Mechanical Balances,’’ is                    Friction Materials Manufacturing Facilities           subpart also establishes requirements to
     impractical for the purposes of this                    Sec.                                                  demonstrate initial and continuous

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                           Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules                                            50779

     compliance with all applicable emission                 THE FINAL RULE IN THE Federal                         compliance demonstration within 7
     limitations in this subpart.                            Register], you must comply with the                   calendar days after the compliance date
                                                             requirements for new and reconstructed                that is specified for your source in
     § 63.9485   Am I subject to this subpart?               sources upon initial startup.                         § 63.9495.
        (a) You are subject to this subpart if                  (d) If your friction materials                       (b) If you use a control device other
     you own or operate a friction materials                 manufacturing facility is an area source              than a solvent recovery system, you
     manufacturing facility (as defined in                   that increases its emissions or its                   must comply with the provisions in
     § 63.9565) that is (or is part of) a major              potential to emit such that it becomes a              § 63.9570.
     source of hazardous air pollutants                      (or part of a) major source of HAP
     (HAP) emissions on the first compliance                 emissions, then paragraphs (d)(1) and                 § 63.9515 How do I demonstrate initial
     date that applies to you. Your friction                 (2) of this section apply.                            compliance with the emission limitation that
     materials manufacturing facility is a                      (1) For any portion of the area source             applies to me?
     major source of HAP if it emits or has                  that becomes a new or reconstructed                      (a) You have demonstrated initial
     the potential to emit any single HAP at                 affected source, you must comply with                 compliance for each solvent mixer
     a rate of 9.07 megagrams (10 tons) or                   the requirements for new and                          subject to the emission limitation in
     more per year or any combination of                     reconstructed upon startup or no later                § 63.9500 if the HAP solvent discharged
     HAP at a rate of 22.68 megagrams (25                    than [DATE OF PUBLICATION OF THE                      to the atmosphere during the first 7 days
     tons) or more per year.                                 FINAL RULE IN THE Federal Register],                  after the compliance date, determined
        (b) The requirements in this subpart                 whichever is later.                                   according to the provisions in § 63.9520,
     do not apply to research and                               (2) For any portion of the area source             does not exceed a 7-day block average
     development facilities, as defined in                   that becomes an existing affected                     of 15 percent.
     section 112(c)(7) of the Clean Air Act.                 source, you must comply with the
                                                                                                                      (b) You must submit a notification of
                                                             requirements for existing sources no
     § 63.9490 What parts of my plant does this                                                                    compliance status containing the results
                                                             later than 1 year after the area source
     subpart cover?                                                                                                of the initial compliance demonstration
                                                             becomes a major source or [DATE 2
                                                                                                                   according to § 63.9535(d).
        (a) This subpart applies to each new,                YEARS FROM PUBLICATION OF THE
     reconstructed, or existing affected                     FINAL RULE IN THE Federal Register],                  § 63.9520 What procedures must I use to
     source at your friction materials                       whichever is later.                                   demonstrate initial compliance?
     manufacturing facility.                                    (e) You must meet the notification
                                                                                                                     (a) If you use a solvent recovery
        (b) The affected source covered by                   and schedule requirements in § 63.9535.
                                                                                                                   system, you must use the procedures in
     this subpart is each new, reconstructed,                Several of the notifications must be
                                                                                                                   paragraphs (a)(1) through (7) of this
     or existing solvent mixer (as defined in                submitted before the compliance date
                                                                                                                   section to demonstrate initial
     § 63.9565) at your friction materials                   for your affected source.
                                                                                                                   compliance with the emission limitation
     manufacturing facility.                                 Emission Limitation                                   in § 63.9500.
        (c) A solvent mixer at your friction
                                                                                                                     (1) Record the date and time of each
     materials manufacturing facility is new                 § 63.9500    What emission limitation must I
                                                             meet?                                                 mix batch.
     if you commence construction of the
     solvent mixer after [DATE OF                              For each new, reconstructed, or                       (2) Record the identity of each mix
     PUBLICATION OF THE FINAL RULE                           existing solvent mixer at your friction               batch using a unique batch ID, as
     IN THE Federal Register]. An affected                   materials manufacturing facility, you                 defined in § 63.9565.
     source is reconstructed if it meets the                 must limit HAP solvent emissions to the                 (3) Measure and record the weight of
     definition of ‘‘reconstruction’’ in § 63.2,             atmosphere to no more than 15 percent                 HAP solvent loaded into the solvent
     and reconstruction is commenced after                   of that loaded into an affected solvent               mixer for each mix batch.
     [DATE OF PUBLICATION OF THE                             mixer, based on a 7-day block average.                  (4) Measure and record the weight of
     FINAL RULE IN THE Federal Register].                    General Compliance Requirements                       HAP solvent recovered for each mix
        (d) A solvent mixer at your friction                                                                       batch.
     materials manufacturing facility is                     § 63.9505 What are my general                           (5) Determine the percent of HAP
     existing if it is not new or reconstructed.             requirements for complying with this                  solvent discharged to the atmosphere for
                                                             subpart?                                              each mix batch according to Equation 1
     § 63.9495 When do I have to comply with                    (a) You must be in compliance with
     this subpart?                                                                                                 of this section as follows:
                                                             the emission limitation in this subpart
        (a) If you have an existing solvent                  at all times, except during periods of                                     Srec
     mixer, you must comply with each of                     startup, shutdown, or malfunction.                     %D b = 100% −            (100%)   (Eq. 1)
     the requirements for existing sources no                   (b) You must always operate and                                         Smix
     later than 2 years after [DATE OF                       maintain your affected source, including              Where:
     PUBLICATION OF THE FINAL RULE                           air pollution control and monitoring
     IN THE Federal Register].                               equipment, according to the provisions                %Db = Percent of HAP solvent
        (b) If you have a new or reconstructed               in § 63.6(e)(1)(i).                                   discharged to the atmosphere for each
     solvent mixer and its initial startup date                 (c) You must develop and implement                 mix batch, percent;
     is on or before [DATE OF                                a written startup, shutdown, and                      Srec = Weight of HAP solvent recovered
     PUBLICATION OF THE FINAL RULE                           malfunction plan according to the                     for each mix batch, lb;
     IN THE Federal Register], you must                      provisions in § 63.6(e)(3).
     comply with the requirements for new                                                                          Smix = Weight of HAP solvent loaded
                                                             Initial Compliance Demonstration                      into the solvent mixer for each mix
     and reconstructed sources by [DATE OF                   Requirements
     PUBLICATION OF THE FINAL RULE                                                                                 batch, lb.
     IN THE Federal Register].                               § 63.9510 By what date must I conduct my                (6) Determine the 7-day block average
        (c) If you have a new or reconstructed               initial compliance demonstration?                     percent of HAP solvent discharged to
     solvent mixer and its initial startup date                (a) If you use a solvent recovery                   the atmosphere according to Equation 2
     is after [DATE OF PUBLICATION OF                        system, you must conduct your initial                 of this section as follows:

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                      1 n                                     be made using 5 points spanning the                     (d) During periods of startup,
           %D 7 =       ∑ %D b
                      n i =1
                                           ( Eq. 2)           expected range of weight measurements                 shutdown, or malfunction, you must
                                                              before the weight measurement device                  operate in accordance with your startup,
     Where:                                                   can be used. The manufacturer’s                       shutdown, and malfunction plan.
                                                              calibration results can be used to meet                 (e) Consistent with §§ 63.6(e) and
     %D7 = 7-day block average percent of
                                                              this requirement.                                     63.7(e)(1), deviations that occur during
     HAP solvent discharged to the
                                                                (3) Once per day, a calibration audit               a period of startup, shutdown, or
     atmosphere, percent
     i = mix batch                                            must be made using a single Class F                   malfunction are not violations if you
     n = number of mix batches in 7-day                       calibration weight that corresponds to                demonstrate to the Administrator’s
        block average                                         20 to 80 percent of the average weight                satisfaction that you were operating in
                                                              of solvent to be loaded into the solvent              accordance with the startup, shutdown,
        (7) Have valid data for at least 90
                                                              mixer. If the weight measurement                      and malfunction plan. The
     percent of the mix batches over the 7-
                                                              device cannot reproduce the value of                  Administrator will determine whether
     day averaging period.
        (b) If you use a control device other                 the calibration weight within ±0.05                   deviations that occur during a period of
     than a solvent recovery system, you may                  kilograms (0.1 pounds) or ±1 percent of               startup, shutdown, or malfunction are
     apply to EPA for approval to use an                      the average weight of solvent to be                   violations, according to the provisions
     alternative method of demonstrating                      loaded into the solvent mixer,                        in § 63.6(e).
     compliance with the emission limitation                  whichever is greater, the scale must be
                                                                                                                    Notifications, Reports, and Records
     for solvent mixers in § 63.9500, as                      recalibrated before use with at least five
     provided in § 63.9570.                                   Class F calibration weights spanning the              § 63.9535 What notifications must I submit
                                                              expected range of weight measurements.                and when?
     § 63.9525 What are the installation,                       (d) You must operate and maintain                      (a) You must submit all of the
     operation, and maintenance requirements                  the weight measurement device                         notifications in §§ 63.8(f)(4) and 63.9(b),
     for my weight measurement device?                        according to the site-specific monitoring             (c), (d), and (h) that apply to you by the
        (a) If you use a solvent recovery                     plan.                                                 specified dates.
     system, you must install, operate, and                     (e) You must maintain records of all                   (b) If you use a control device other
     maintain a weight measurement device                     maintenance activities, calibrations, and             than a solvent recovery system, you
     to measure the weight of HAP solvent                     calibration audits.                                   must comply with the provisions in
     loaded into the solvent mixer and the                                                                          § 63.9570.
     weight of HAP solvent recovered for                      Continuous Compliance Requirements
                                                                                                                       (c) As specified in § 63.9(b)(2), if you
     each mix batch.                                          § 63.9530 How do I demonstrate                        start up your affected source before
        (b) For each weight measurement                       continuous compliance with the emission               [DATE OF PUBLICATION OF THE
     device required by this section, you                     limitation that applies to me?
                                                                                                                    FINAL RULE IN THE FEDERAL
     must develop and submit for approval a                     (a) If you use a solvent recovery                   REGISTER], you must submit your
     site-specific monitoring plan that                       system, you must demonstrate                          initial notification no later than 120
     addresses the requirements of                            continuous compliance with the                        calendar days after [DATE OF
     paragraphs (b)(1) through (6) of this                    emission limitation for solvent mixers                PUBLICATION OF THE FINAL RULE IN
     section:                                                 in § 63.9500 according to the provisions
        (1) Installation of the weight                                                                              THE FEDERAL REGISTER].
                                                              in paragraphs (a)(1) and (2) of this                     (d) As specified in § 63.9(b)(3), if you
     measurement device;                                      section.
        (2) The minimum accuracy of the                                                                             start up your new affected source on or
                                                                (1) Except for during malfunctions of               after [DATE OF PUBLICATION OF THE
     weight measurement device in pounds
                                                              your weight measurement device and                    FINAL RULE IN THE FEDERAL
     and as a percent of the average weight
                                                              associated repairs, you must collect and              REGISTER], you must submit your
     of solvent to be loaded into the solvent
                                                              reduce the information required in                    initial notification no later than 120
        (3) Site-specific procedures for how                  § 63.9520(a)(1) through (7) at all times              calendar days after you become subject
     the measurements will be made;                           that the affected source is operating and             to this subpart.
        (4) How the measurement data will be                  record all information needed to                         (e) You must submit a notification of
     recorded, reduced, and stored;                           document conformance with these                       compliance status according to
        (5) Procedures and acceptance criteria                requirements.                                         § 63.9(h)(2)(ii). You must submit the
     for calibration of the weight                              (2) Maintain the 7-day block average                notification of compliance status before
     measurement device; and                                  percent of HAP solvent discharged to                  the close of business on the 30th
        (6) How the measurement device will                   the atmosphere at or below 15 percent.                calendar day following the completion
     be maintained including a routine                          (b) If you use a control device other               of the initial compliance demonstration.
     maintenance schedule and spare parts                     than a solvent recovery system, you
     inventory list.                                          must demonstrate continuous                           § 63.9540    What reports must I submit and
        (c) The site-specific monitoring plan                 compliance with the emission limitation               when?
     required in paragraph (b) of this section                for solvent mixers in § 63.9500                         (a) Unless the Administrator has
     must include, at a minimum, the                          according to the provisions in § 63.9570.             approved a different schedule, you must
     requirements of paragraphs (c)(1)                          (c) You must report each instance in                submit each semiannual compliance
     through (3) of this section:                             which you did not meet the emission                   report according to the requirements in
        (1) The weight measurement device                     limitation for solvent mixers in                      paragraphs (a)(1) through (5) of this
     must have a minimum accuracy of ±0.05                    § 63.9500. This includes periods of                   section.
     kilograms (±0.1 pounds) or ±1 percent of                 startup, shutdown, or malfunction.                      (1) The first compliance report must
     the average weight of solvent to be                      These instances are deviations from the               cover the period beginning on the
     loaded into the solvent mixer,                           emission limitations in this subpart.                 compliance date that is specified for
     whichever is greater.                                    These deviations must be reported                     your affected source in § 63.9495 and
        (2) An initial multi-point calibration                according to the requirements in                      ending on June 30 or December 31,
     of the weight measurement device must                    § 63.9540.                                            whichever date comes first after the

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                           Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules                                           50781

     compliance date that is specified for                   affected source, you must include the                 emission limitation for solvent mixers
     your source in § 63.9495.                               information in paragraphs (b)(1) through              in § 63.9500.
       (2) The first compliance report must                  (4) and (c)(1) and (2) of this section.
     be postmarked or delivered no later than                This includes periods of startup,                     § 63.9550 In what form and how long must
                                                                                                                   I keep my records?
     July 31 or January 31, whichever date                   shutdown, or malfunction.
     comes first after your first compliance                    (1) The total operating time of each                 (a) You must keep your records in a
     report is due.                                          affected source during the reporting                  form suitable and readily available for
       (3) Each subsequent compliance                        period.                                               expeditious review, according to
     report must cover the semiannual                           (2) Information on the number,                     § 63.10(b)(1).
     reporting period from January 1 through                 duration, and cause of deviations                       (b) As specified in § 63.10(b)(1), you
     June 30 or the semiannual reporting                     (including unknown cause, if                          must keep each record for 5 years
     period from July 1 through December                     applicable), as applicable, and the                   following the date of each occurrence,
     31.                                                     corrective action taken.                              measurement, maintenance, corrective
       (4) Each subsequent compliance                           (d) If you had a startup, shutdown, or             action, report, or record.
     report must be postmarked or delivered                  malfunction during the semiannual                       (c) You must keep each record on site
     no later than July 31 or January 31,                    reporting period that was not consistent              for at least 2 years after the date of each
     whichever date comes first after the end                with your startup, shutdown, and                      occurrence, measurement, maintenance,
     of the semiannual reporting period.                     malfunction plan, you must submit an                  corrective action, report, or record,
       (5) For each affected source that is                  immediate startup, shutdown, and                      according to § 63.10(b)(1). You can keep
     subject to permitting regulations                       malfunction report according to the                   the records offsite for the remaining 3
     pursuant to 40 CFR part 70 or 71 of this                requirements in § 63.10(d)(5)(ii).                    years.
     chapter, and if the permitting authority                   (e) If you have obtained a title V
     has established dates for submitting                    operating permit for an affected source               Other Requirements and Information
     semiannual reports pursuant to 40 CFR                   pursuant to 40 CFR part 70 or 71 of this
                                                                                                                   § 63.9555 What parts of the General
     70.6(a)(3)(iii)(A) or 40 CFR                            chapter, you must report all deviations               Provisions apply to me?
     71.6(a)(3)(iii)(A) of this chapter, you                 as defined in this subpart in the
     may submit the first and subsequent                     semiannual monitoring report required                   Table 1 to this subpart shows which
     compliance reports according to the                     by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR                parts of the General Provisions in
     dates the permitting authority has                      71.6(a)(3)(iii)(A) of this chapter. If you            §§ 63.1 through 63.15 apply to you.
     established instead of according to the                 submit a compliance report for an                     § 63.9560 Who implements and enforces
     dates in paragraphs (a)(1) through (4) of               affected source along with, or as part of,            this subpart?
     this section.                                           the semiannual monitoring report
       (b) Each compliance report must                       required by 40 CFR 70.6(a)(3)(iii)(A) or                 (a) This subpart can be implemented
     include the information in paragraphs                   40 CFR 71.6(a)(3)(iii)(A) of this chapter,            and enforced by us, the U.S. EPA, or a
     (b)(1) through (3) of this section, and if              and the compliance report includes all                delegated authority such as your State,
     applicable, paragraphs (b)(4) through (6)               the required information concerning                   local, or tribal agency. If the U.S. EPA
     of this section.                                        deviations from any emission limitation               Administrator has delegated authority to
       (1) Company name and address.                         in this subpart, then submission of the               your State, local, or tribal agency, then
       (2) Statement by a responsible official,              compliance report satisfies any                       that agency, in addition to the U.S. EPA,
     with the official’s name, title, and                    obligation to report the same deviations              has the authority to implement and
     signature, certifying that, based on                    in the semiannual monitoring report.                  enforce this subpart. You should contact
     information and belief formed after                     However, submission of a compliance                   your U.S. EPA Regional Office to find
     reasonable inquiry, the statements and                  report does not otherwise affect any                  out if this subpart is delegated to your
     information in the report are true,                     obligation you may have to report                     State, local, or tribal agency.
     accurate, and complete.                                 deviations from permit requirements to                   (b) In delegating implementation and
       (3) Date of report and beginning and                  your permitting authority.                            enforcement authority of this subpart to
     ending dates of the reporting period.                                                                         a State, local, or tribal agency under 40
       (4) If you had a startup, shutdown, or                § 63.9545    What records must I keep?                CFR part 63, subpart E, the authorities
     malfunction during the reporting period                   (a) You must keep the records in                    contained in paragraphs (c) of this
     and you took actions consistent with                    paragraphs (a)(1) and (2) of this section             section are retained by the
     your startup, shutdown, and                             that apply to you.                                    Administrator of the U.S. EPA and are
     malfunction plan, the compliance report                   (1) A copy of each notification and                 not transferred to the State, local, or
     must include the information in                         report that you submitted to comply                   tribal agency.
     § 63.10(d)(5)(i).                                       with this subpart, including all                         (c) The authorities that cannot be
       (5) If there were no deviations from                  documentation supporting any initial                  delegated to State, local or tribal
     the emission limitation for solvent                     notification or notification of                       agencies are as follows:
     mixers in § 63.9500, a statement that                   compliance status that you submitted,                    (1) Approval of alternatives to the
     there were no deviations from the                       according to the requirements in                      emission limitation in § 63.9500 under
     emission limitation during the reporting                § 63.10(b)(2)(xiv).                                   § 63.6(g).
     period.                                                   (2) The records in § 63.6(e)(3)(iii)
       (6) If there were no periods during                   through (v) related to startup, shutdown,                (2) Approval of major alternatives to
     which a monitoring system was out-of-                   or malfunction.                                       test methods under § 63.7(e)(2)(ii) and
     control as specified in § 63.8(c)(7), a                   (b) You must keep the records                       (f) and as defined in § 63.90.
     statement that there were no periods                    required in § 63.9525 to show proper                     (3) Approval of major alternatives to
     during which a monitoring system was                    operation and maintenance of the                      monitoring under § 63.8(f) and as
     out-of-control during the reporting                     weight measurement device.                            defined in § 63.90.
     period.                                                   (c) You must keep the records                          (4) Approval of major alternatives to
       (c) For each deviation from an                        required in § 63.9530 to show                         recordkeeping and reporting under
     emission limitation occurring at an                     continuous compliance with the                        § 63.10(f) and as defined in § 63.90.

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     50782                         Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules

     § 63.9565        What definitions apply to this                          Clean Air Act, or any combination of                             method of demonstrating compliance
     subpart?                                                                 HAP that is added to a solvent mixer.                            with the emission limitation in
        Terms used in this subpart are                                        Examples include hexane, toluene, and                            § 63.9500 according to the procedures in
     defined in the Clean Air Act, in § 63.2,                                 trichloroethylene.                                               this section.
     and in this section as follows:                                             Initial startup means the first time                             (b) You can request approval to use an
        Batch ID means a unique identifier                                    that equipment is put into operation.                            alternative method of demonstrating
     used to differentiate each individual                                    Initial startup does not include                                 compliance in the initial notification for
     mix batch.                                                               operation solely for testing equipment.
        Deviation means any instance in                                                                                                        existing sources, the notification of
                                                                              Initial startup does not include                                 construction or reconstruction for new
     which an affected source subject to this                                 subsequent startups (as defined in this
     subpart, or an owner or operator of such                                                                                                  sources, or at any time.
                                                                              section) following malfunction or
     a source:                                                                shutdowns or following changes in                                   (c) You must submit a description of
        (1) Fails to meet any requirement or                                  product or between batch operations.                             the proposed testing, monitoring,
     obligation established by this subpart,                                     Mix batch means the process of                                recordkeeping, and reporting that will
     including, but not limited to, any                                       manufacturing each batch of friction                             be used and the proposed basis for
     emission limitation (including any                                       materials in a solvent mixer.                                    demonstrating compliance.
     operating limit);                                                           Responsible official means                                       (1) If you have not previously
        (2) Fails to meet any term or condition                               responsible official as defined in § 63.2.                       performed testing, you must submit a
     that is adopted to implement an                                             7-day block average means an                                  proposed test plan. If you are seeking
     applicable requirement in this subpart                                   averaging technique for a weekly                                 permission to use an alternative method
     and that is included in the operating                                    compliance determination where the                               of compliance based on previously
     permit for any affected source required                                  calculated values for percent HAP                                performed testing, you must submit the
     to obtain such a permit; or                                              solvent discharged to the atmosphere                             results of testing, a description of the
        (3) Fails to meet any emission                                        are averaged together for all mix batches
     limitation (including any operating                                                                                                       procedures followed in testing, and a
                                                                              (for which there are valid data) in a 7-                         description of pertinent conditions
     limit) in this subpart during startup,                                   day block period according to the
     shutdown, or malfunction, regardless or                                                                                                   during testing.
                                                                              equation provided in § 63.9520(a)(6).
     whether or not such failure is permitted                                    Solvent mixer means a mixer used in                              (2) You must submit a monitoring
     by this subpart.                                                         the friction materials manufacturing                             plan that includes a description of the
        Friction ingredients means any of the                                 process in which HAP solvent is used                             control device, test results verifying the
     components used in the manufacture of                                    as one of the ingredients. Trace amounts                         performance of the control device, the
     friction material, excluding the HAP                                     of HAP solvents in resins or other                               appropriate operating parameters that
     solvent. Friction ingredients include,                                   friction ingredients do not qualify                              will be monitored, and the frequency of
     but are not limited to, reinforcement                                    mixers as solvent mixers.                                        measuring and recording to establish
     materials, property modifiers, resins,                                      Solvent recovery system means                                 continuous compliance with the
     and other additives.                                                     equipment used for the purpose of                                emission limitation in § 63.9500. You
        Friction materials manufacturing                                      recovering the HAP solvent from the                              must also include the proposed
     facility means a facility that                                           exhaust stream. An example of a solvent                          performance specifications and quality
     manufactures friction materials using a                                  recovery system is a condenser.                                  assurance procedures for the monitors.
     solvent-based process. Friction                                             Startup means bringing equipment                              The monitoring plan is subject to the
     materials are used in the manufacture of                                 online and starting the production                               Administrator’s approval. You must
     products used to accelerate or decelerate                                process.                                                         install, calibrate, operate, and maintain
     objects. Products that use friction                                         Startup, shutdown, and malfunction                            the monitors in accordance with the
     materials include, but are not limited to,                               plan means a plan developed according                            monitoring plan approved by the
     disc brake pucks, disc brake pads, brake                                 to the provisions of § 63.6(e)(3).                               Administrator.
     linings, brake shoes, brake segments,                                                                                                        (d) Use of the alternative method of
     brake blocks, brake discs, clutch facings,                               § 63.9570 How do I apply for alternative
                                                                                                                                               demonstrating compliance must not
     and clutches.                                                            compliance requirements?
                                                                                                                                               begin until approval is granted by the
        HAP solvent means a solvent that                                        (a) If you use a control device other                          Administrator.
     contains 10 percent or more of any one                                   than a solvent recovery system, you may
     HAP, as listed in section 112(b) of the                                  request approval to use an alternative                           §§ 63.9571–63.9579      [Reserved]


                [As required in § 63.9505, you must comply with each applicable General Provisions requirements according to the following table]

                                                                                                                                       Applies to
                              Citation                                                         Subject                                  subpart                      Explanation

     § 63.1 ........................................................   Applicability ..............................................   Yes.
     § 63.2 ........................................................   Definitions ................................................   Yes.
     § 63.3 ........................................................   Units and Abbreviations ...........................            Yes.
     § 63.4 ........................................................   Prohibited Activities .................................        Yes.
     § 63.5 ........................................................   Construction/Reconstruction ....................               Yes.
     § 63.6(a)–(c), (e)–(f), (i)–(j) .......................           Compliance with Standards and Mainte-                          Yes.
                                                                         nance Requirements.
     § 63.6(d) ...................................................     [Reserved]

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                                   Federal Register / Vol. 66, No. 193 / Thursday, October 4, 2001 / Proposed Rules                                                                   50783

                [As required in § 63.9505, you must comply with each applicable General Provisions requirements according to the following table]

                                                                                                                                  Applies to
                              Citation                                                      Subject                                subpart                            Explanation

     § 63.6(g) ...................................................    Use of an Alternative Nonopacity Emis-                    No ................   Subpart QQQQQ contains no work prac-
                                                                        sion Standard.                                                                  tice standards.
     § 63.6(h) ...................................................    Compliance with Opacity and Visible                       No ................   Subpart QQQQQ contains no opacity or
                                                                        Emission Standards.                                                             VE limits.
     § 63.7(a)(1)–(2) .........................................       Applicability and Performance Test Dates                  No ................   Subpart QQQQQ includes dates for ini-
                                                                                                                                                        tial compliance demonstrations.
     § 63.7(a)(3), (b)–(h) ..................................         Performance Testing Requirements ........                 No ................   Subpart QQQQQ does not require per-
                                                                                                                                                        formance tests.
     § 63.8(a)(1)–(2), (b), (c)(1)–(3), (f)(1)–(5)                    Monitoring Requirements .........................         Yes.
     § 63.8(a)(3) ...............................................     [Reserved].
     § 63.8(a)(4) ...............................................     Additional Monitoring Requirements for                    No ................   Subpart QQQQQ does not require flares.
                                                                        Control Devices in 63.11.
     § 63.8(c)(4) ...............................................     Continuous Monitoring System (CMS)                        No ................   Subpart QQQQQ specifies requirements
                                                                        Requirements.                                                                   for operation of monitoring systems.
     § 63.8(c)(5) ...............................................     Continuous Opacity Monitoring System                      No ................   Subpart QQQQQ does not require
                                                                        (COMS) Minimum Procedures.                                                      COMS.
     § 63.8(c)(6) ...............................................     Zero and High Level Calibration Check                     No ................   Subpart QQQQQ specifies calibration re-
                                                                        Requirements.                                                                   quirements.
     § 63.8(c)(7)–(8) .........................................       Out-of-Control Periods .............................      No ................   Subpart QQQQQ specifies out-of-control
                                                                                                                                                        periods and reporting requirements.
     § 63.8(d) ...................................................    CMS Quality Control ................................      No ................   Subpart QQQQQ requires a monitoring
                                                                                                                                                        plan that specifies CMS quality control
     § 63.8(e) ...................................................    CMS Performance Evaluation .................              No ................   Subpart QQQQQ does not require per-
                                                                                                                                                        formance evaluations.
     § 63.8(f)(6) ................................................    Relative Accuracy Test Audit (RATA) Al-                   No ................   Subpart QQQQQ does not require con-
                                                                       ternative.                                                                       tinuous emissions monitoring systems
     § 63.8(g)(1)–(5) .........................................       Data Reduction ........................................   No ................   Subpart QQQQQ specifies data reduc-
                                                                                                                                                        tion requirements.
     § 63.9(a)–(d), (h)–(j) .................................         Notification Requirements ........................        Yes ...............   Except that subpart QQQQQ does not
                                                                                                                                                        require performance tests or perform-
                                                                                                                                                        ance evaluations.
     § 63.9(e) ...................................................    Notification of Performance Test .............            No ................   Subpart QQQQQ does not require per-
                                                                                                                                                        formance tests.
     § 63.9(f) ....................................................   Notification of VE/Opacity Test ................          No ................   Subpart QQQQQ contains no opacity or
                                                                                                                                                        VE limits.
     § 63.9(g) ...................................................    Additional Notifications When Using CMS                   No ................   Subpart QQQQQ does not require per-
                                                                                                                                                        formance evaluations.
     § 63.10(a),(b), (d)(1), (d)(4)–(5), (e)(3), (f)                  Recordkeeping and Reporting Require-                      Yes.
     § 63.10(c)(1)–(6), (9)–(15) ........................             Additional Records for CMS ....................           No ................   Subpart QQQQQ specifies record re-
     § 63.10(c)(7)–(8) .......................................        Records of Excess Emissions and                           No ................   Subpart QQQQQ specifies record re-
                                                                       Paramter Monitoring Exceedances for                                              quirements.
     § 63.10(d)(2) .............................................      Reporting Results of Performance Tests                    No ................   Subpart QQQQQ does not require per-
                                                                                                                                                        formance tests.
     § 63.10(d)(3) .............................................      Reporting Opacity or VE Observations ...                  No ................   Subpart QQQQQ contains no opacity or
                                                                                                                                                        VE limits.
     § 63.10(e)(1)–(2) .......................................        Additional CMS Reports ..........................         No ................   Subpart QQQQQ does not require
     § 63.10(e)(4) .............................................      Reporting COMS Data .............................         No ................   Subpart QQQQQ does not require
     § 63.11 ......................................................   Control Device Requirements ..................            No ................   Subpart QQQQQ does not require flares.
     § 63.12–63.15 ...........................................        Delegation, Addresses, Incorporation by                   Yes.
                                                                       Reference Availability of Information.

     [FR Doc. 01–24887 Filed 10–3–01; 8:45 am]
     BILLING CODE 6560–50–P

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