Standards of Performance for New Stationary Sources; Standards of Performance for Nonmetallic Mineral Processing Plants; Clarification

This action clarifies the applicability of the New Source Performance Standards for Nonmetallic Mineral Processing Plants (40 CFR part 60, subpart OOO). This action is necessary because of incorrect guidance and preamble language regarding the regulation's applicability to affected facilities in the nonmetallic mineral processing industry. The April 1991 Regulatory and Inspection Manual for Nonmetallic Mineral Processing Plants included the following incorrect statement: ``Subpart OOO affected facilities begin with the first crushing or grinding operation at the plant.'' The same incorrect statement was made in a response to a comment in the preamble to the June 9, 1997, Federal Register document for the final amendments to subpart OOO. Section 60.670(a) of subpart OOO lists the affected facilities in fixed or portable nonmetallic mineral processing plants. This list includes each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station. The clear intent of the regulation is that all facilities listed in section 60.670(a) are subject to subpart OOO. While subpart OOO affected operations typically have crushers or grinding mills located at or near the beginning of the nonmetallic mineral processing line, this is not always the case (e.g., some plants may convey, screen or otherwise process materials without first utilizing a crusher located in the plant). Therefore, with this document, the EPA is clarifying that as long as crushing or grinding occurs anywhere at a non-metallic mineral processing plant, any affected facility listed in Sec. 60.670(a) is subject to subpart OOO regardless of its location within the plant. EPA expects that plants that have not considered facilities prior to the first crushing or grinding operation as affected facilities, will now ensure that those affected facilities will meet all of the applicable regulatory requirements.