OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates. This action has no effect on any current approvals.
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The NESHAP (or MACT rule) for Primary Aluminum Reduction Plants were promulgated on October 7, 1997 (62 FR 52407) and amended on November 2, 2005 (70 FR 66285) as 40 CFR part 63, subpart LL (subpart LL). The rule is applicable to facilities with affected sources associated with the production of aluminum by electrolytic reduction. The purpose of this information collection request is to document the expected impacts of proposed changes to subpart LL that are being developed as part of the risk and technology review process of the current subpart LL. The standards promulgated in 1997 and 2005 apply to emissions of hydrogen fluoride (HF), measured using total fluorides (TF) as a surrogate, from all potlines and anode bake furnaces, and polycyclic organic matter (POM, measured as methylene chloride extractables) from Soderberg potlines, anode bake furnaces, paste production plants and pitch storage tanks associated with primary aluminum production. Affected sources under subpart LL are each potline, each anode bake furnace (except for one that is located at a facility that only produces anodes for use off-site), each paste production plant, and each new pitch storage tank.
The EPA is required to review technology-based standards and to revise them "as necessary (taking into account developments in practices, processes, and control technologies)" no less frequently than every 8 years, under CAA section 112(d)(6).
The EPA is also required to promulgate standards, if necessary, to provide an ample margin of safety to protect public health, under CAA section 112(f).
Compared to existing subpart LL, the proposed changes would establish standards for emissions of POM from prebake potlines, reduce the POM emission limit for Soderberg potlines, establish a limit for carbonyl sulfide (COS) emissions from all potlines, and establish a design standard for emission controls applicable to existing pitch storage tanks. In addition, the proposed rule would eliminate the startup, shutdown and malfunction (SSM) exemption, remove the SSM plan requirement, add provisions to provide an affirmative defense against civil penalties for exceedances of emission standards caused by malfunctions, and add a requirement for electronic submittal of performance tests.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
2447ss01.docx
Primary Aluminum Reduction Plants (40 CFR part 63, subpart LL)