Proposed NESHAP Rules for Brick & Structural Clay Products Manufacturing and Clay Ceramics Manufacturing

On December 18, 2014, EPA proposed regulations concerning manufacturing of clay products.  These regulations will apply to brick and structural clay products (BSCP) manufacturing and clay ceramics manufacturing facilities that are located at, or are part of, a major source of Hazardous Air Pollutant (HAP) emissions. A major source of HAP emissions is defined as any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, 10 tpy or more of any HAP or 25 tpy or more of any combination of HAP.  Since these are proposed regulations, public comments are being received until March 19, 2015; however, barring major challenges and/or changes, these proposed rules will be promulgated as 40 CFR 63 Subpart JJJJJ for BSCP manufacturing and 40 CFR KKKKK for clay ceramics manufacturing.  As a point of interest, versions of these rules were originally promulgated in 2003 but they were challenged and vacated by the courts in 2007.  The 2014 proposed rules reflect the results of additional data collection and assessment.

The BSCP manufacturing source category includes facilities that manufacture face brick, structural brick, brick pavers, other brick, clay pipe, roof tile, extruded floor and wall tile, and/or other extruded, dimensional clay products.  The clay ceramics manufacturing source category includes those facilities that manufacture pressed floor tile, pressed wall tile, other pressed tile, or sanitaryware (toilets and sinks).

Brick & Structural Clay Products Manufacturing:

This proposed rule will affect all tunnel kilns (any type of continuous kiln) and each periodic kiln at a BSCP manufacturing facility.  It will NOT affect kilns that are used for setting glazes on previously fired products nor will it affect dryers.  Emission limits for tunnel kilns are proposed for mercury (Hg), non-Hg HAP metals (or a PM surrogate), and acid gases.  Work practice standards are proposed for periodic kilns, dioxin and furan emissions from tunnel kilns, and startup and shut down periods for tunnel kilns.  To demonstrate compliance with the emission limits, initial and 5-year interval performance testing is proposed for the regulated pollutants with continuous parameter monitoring (CPM) limits established and daily visible emissions (VE) checks to demonstrate continuous compliance.  BSCP tunnel kilns that are equipped with a fabric filter (FF) (e.g., dry lime injection fabric filter (DIFF), dry lime scrubber/fabric filter (DLS/FF)) will have the option of demonstrating compliance using a bag leak detection (BLD) system instead of daily VE checks.

Clay Ceramic Manufacturing:

This proposed rule will affect tile roller kilns, tile press and spray dryers, and glaze lines at affected clay ceramics manufacturing facilities.  It will NOT affect kilns that are used exclusively for refiring or setting glazes on previously fired products, glaze spray operations that use wet glazes containing less than 0.1 (weight) percent metal HAP (dry basis), wall tile press dryers, and sanitaryware dryers.  Emission limits for Hg, PM (surrogate for non-Hg HAP metals), dioxins/furans, and acid gases are being proposed for sanitaryware tunnel kilns and ceramic tile roller kilns. Also proposed are emission limits for dioxins/furans for ceramic tile spray dryers and floor tile press dryers, emission limits for Hg and PM (surrogate for non-Hg HAP metals) for ceramic tile glaze lines and emission limits for PM for sanitaryware glaze spray booths.  Work practice standards are proposed for shuttle kilns and for periods of startup and shutdown. To demonstrate compliance with emission limits, initial and 5-year interval performance testing is proposed for the regulated pollutants, with CPM limits established and daily VE checks to demonstrate continuous compliance.

Notifications, Recordkeeping, & Reporting

The proposed rules will require the following records to be maintained:

• All reports and notifications submitted to comply with these proposed BSCP and clay ceramic rules.
• Records of performance tests.
• Records relating to air pollution control device (APCD) maintenance and documentation of approved routine control device maintenance exemption.
• Continuous monitoring data as required by each rule.
• Records of BLD system alarms and corrective actions taken.
• Records of each instance in which the owner or operator did not meet each emission limit (i.e., deviations from operating limits).
• Records of production rates.
• Records of approved alternative monitoring or testing procedures.
• Records of maintenance and inspections performed on the APCD.
• Current copies of the Operation Maintenance & Monitoring (OM&M) Plan and records documenting conformance.
• Logs of the information required to document compliance with the periodic kiln work practice standard (BSCP) or shuttle kiln work practice standard (clay ceramics).
• Records of burner tune-ups used to comply with the dioxin/furan work practice standard for tunnel kilns (BSCP).
• Logs of the information required to document compliance with the startup and shutdown work practice standards.
• Records of each malfunction and the corrective action taken.

The proposed rules will require the following reports and notifications:

• Notifications required by the General Provisions.
• Initial Notification – no later than 120 calendar days after the affected source becomes subject to the rule.
• Notification of Intent to conduct performance tests and/or other compliance demonstration – at least 60 calendar days before the performance test and/or other compliance demonstration is scheduled.
• Notification of Compliance Status – 60 calendar days following completion of a compliance demonstration that includes a performance test.
• Notification of Compliance Status – 30 calendar days following completion of a compliance demonstration that does not include a performance test (i.e., compliance demonstrations for the work practice standards).
• Compliance reports – semi-annually, including a report of the most recent burner tune-up conducted to comply with the dioxin/furan work practice standard and a report of each malfunction resulting in an exceedance and the corrective action taken (BSCP).
• Report of alternative fuel use – within 10 working days after terminating use of the alternative fuel (clay ceramics).
• Results of each performance test – within 60 days of completing the test, submitted to the EPA by direct computer-to-computer electronic transfer via EPA-provided software for data collected using supported test methods.

On December 31, 2014, EPA extended the deadline for comments on these rules to March 19, 2015.  If a public hearing is requested, it will be held on January 27, 2015.  If you have any questions about the proposed BSCP and Clay Ceramics Manufacturing rules and whether your facility may be subject to these regulations, please contact James Tomiczek, P.E. at mailto:jtomiczek@cecinc.com or 865-977-9919. More information about these proposed rules may be found here [hyperlink].